Make your own cause stops?

[wellcraft]

I am learning the in's and out's to this business and was curious about "making your own cause" for certain stops? For example you get a call and its a possible dui/dwi and you have to make your own cause for a traffic stop because you have not witnessed anything yourself. So, you catch up to a car matching the description and its driving normal, no plate light out, etc. Now you ever had a difficult time trying to find pc to stop a vehicle? Any comments or stories? Thanks in advance.

[stein810]

the call would be enough to stop and investigate the veh and occupants. "just checking to see if they were ok" and then lock em up...... ;)


Originally posted by wellcraft
I am learning the in's and out's to this business and was curious about "making your own cause" for certain stops? For example you get a call and its a possible dui/dwi and you have to make your own cause for a traffic stop because you have not witnessed anything yourself. So, you catch up to a car matching the description and its driving normal, no plate light out, etc. Now you ever had a difficult time trying to find pc to stop a vehicle? Any comments or stories? Thanks in advance.

[Kahuna5150]

Originally posted by stein810
the call would be enough to stop and investigate the veh and occupants. "just checking to see if they were ok" and then lock em up...... ;)

Well if you find a car that has matches the description of a DWI driver, but you dn't see *ANY* observations of any driving that would lead you to think the car was being driven by someone who was DWI I think you're going to have a hard time justifying the stop. Of course this would depend on how the initial report call was taken. If it is just an anonymous citizen tip I think you're going to need to have your own observations of impaired driving to get a solid stop.

It's much like a case where an anonymous person says, "Such and such male/female in a blue/red/green/etc shirt has a gun on them. Makes it hard to just go up to someone in the area matching the description and searching them. You can of course conduct a consent stop and search and/or a weapons search, (Terry) for officer safety, but again the court will want to know what action you took if the person contacted said they didn't want to talk to you and refused a consent search.

Personally I'd let the courts decide later. Even if you loose the PC for a stop or some of the evidence, (and you should do everything to be 100% legal so you don't) you still have taken a DWI off the street or a gun off of someone else.

Kahuna

[DelC]

I’ve gotten calls like this many times. Usually, it’s a spouse who is pissed at their husband/wife and trying to get them in trouble. Regardless of what others may say, an anonymous citizen's tip doesn't cut it. Its been my experience, it’s best to take no action unless you have a signed statement by the complainant, or the complainant has proved to be reliable in the past or the info comes from the direct observation of another officer. Lacking this or other probably cause to stop the vehicle and you have followed it for 10-mles with still no sign of DWI, you’re best to let it go. The DA and the judge doesn’t want to hear that you took a drunk off the road even though you knew you would lose the case in court. And, I would never, ever, lie and perjure myself in court just to make the case, as I’ve seen other officers do!!

[ThomasAckerman]

Very good question. I'm on the same page as DelC on this one. Lacking any signs of dangerous or erratic driving, I'd let 'em go and probably find a textbook drunk driver within an hour or two.

TOM

[kennethm3]

I have found that you don't have to follow a car too long before they give you a reason for a stop. Just a matter of waiting long enough for sufficient probable cause to build.

[996s]

I have run into this many times. They will call em over the radio and saw a blue ford explorer is driving drunk on a such and such street. (Coming from a club at 2am) It all makes sense, and the caller said the guy was way to drunk to drive. I will follow the car and check things out. Its not hard to come up with PC, no one in hawaii ever uses a blinker so that works most times.

Either way I have stopped some and the female is sober, I stopped her for not suing a blnker a going a little fast, she said she was trying to get out of there cause some guy was out there and wouldnt leave them alone. It was the same guy who said she was really drunk.

At the same time, I have got a few DUI's that way too. The best way to do it os follow them until they do something wrong, alot less of a headache in court. Most cars like you said you only have to follow before they commit one of a few hundred traffic violations, esp if they are drunk.

[pintsizedpi]

if this person truly is drunk, then in time they will exhibit an indicator and BAMM, you got your PC!