Sobriety Checkpoints; What the Arkansas State Police is Doing Wrong

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The Fourth Amendment protects persons against unreasonable searches and seizures except upon probable cause.  A traffic stop by a police officer is recognized by the law as a seizure.  Therefore, the police officer making the traffic stop (seizure) must be able to articulate probable cause, which is articulated facts that would lead a reasonable person […]

Standardized Field Sobriety Tests

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Shortly after the initial contact with a suspected intoxicated driver the police officer will have the driver exit the vehicle for the purpose of performing a series of tests designed to provide “proof of intoxication”.   These tests serve two functions:  (1) they provide the officer with the probable cause necessary to make an arrest […]