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by Originalist
Mon Nov 21, 2011 11:54 pm
Forum: General Texas CHL Discussion
Topic: Drunk License Holder in Friendswood Arrested
Replies: 54
Views: 7735

Re: Drunk License Holder in Friendswood Arrested

Just because someone fluffs up a newspaper add and labels something "no refusal" does not circumvent regularly required legal standards..... i.e. probable cause! As a NHTSA Certified SFST Practitioner I can tell you that after my observations, initial contact and pre arrest screening (and if you refuse it doesn't mean you get a pass either) I can certify to any judge probable cause to believe you 1. were in a public place, 2. were operating a motor vehicle and 3. met the legal definition of intoxicated (either BAC 0.080 or not having normal use of your physical/mental faculties). Once I articulate probable cause I can obtain a warrant to search for evidence..... This happens EVERYTIME a warrant is obtained and can happen whenever/where ever..... SPinning something into good PR is a bonus!

Police must ALWAYS articulate PC to obtain a warrant, there is no special lax in rules to create a NO PC weekend.....

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