Reasons Police Use (Probable Cause) To Pull Someone Over

Interviewer: When the police officer is following someone, what are some of the factors that they’re looking before they stop them?

Michael Kramer: Anything unusual in terms of driving: weaving across the road, sitting at a light too long after it changes, observing some unusual movement by the motorist in the car, driving too slowly under the circumstances.

Interviewer: How would this scenario play out: I get behind the wheel after taking my prescription medicine? I don’t make a complete stop, I get pulled over and I refuse testing.

Michael Kramer: Once he pulls you over he’s got to have some reason to inquire further as to whether the violation of the law he’s investigating is more than just the stop sign. He would have to observe some sort of impairment on that person: their ability to communicate, their inability to retrieve their license and registration, something that would indicate that there’s more going on.

Interviewer: If I admit, say, “Yes, I take medications but …”

Michael Kramer: I wouldn’t be admitting that you’re on medication as soon as he pulls you over, but if he inquires further as to whether you’ve ingested any medication or marijuana or anything that may impair your ability to drive, whatever you say is at your own risk.

If you indicate to him that whatever he’s observing is based upon the medication you’re on, you’re still responsible for how you react to that medication.

Things That Cause False Positives When Police Look For Impairment

Interviewer: Have you worked with cases where there was some sort of ailment or something aside from a natural impairment and the police officer believed it to be an impairment, due to alcohol or drugs, and it was not.

Michael Kramer: There have been cases where a police officer observed what he thought was impairment. The problem arises when a police officer observes what he believes is impairment, an individual passes a breathalyzer test and the officer then doesn’t know what is causing the impairment. In that case if there’s no evidence that the impairment is from alcohol or drugs and the individual passed all tests, he or she should be released with no charges.

Interviewer: Have there ever seencases where perhaps someone admits to something like, “I did smoke weed three days ago”, yet they have an attitude toward the officer and are then arrested because of that?

Michael Kramer: The most important factor in these cases are objective factors. What did the police officer observe? If it’s established that the police officer didn’t observe anything that should have caused an arrest, then the attitude a motorist expressed, and the particular mood of the police officer at the time should not matter.