Legal Question in DUI Law in Pennsylvania

Illegal Stop?

I am from MD and visiting my parents in PA. My brother and I were driving home and happened upon an officer on the side of the road engaged with someone on a bicycle. the officers had him doing ''figure eights'' on his bike spanning the width of the road. i approached cautiously and stopped about 20-30 ft from the scene, the officers' lights were not on all i could see was the spotlight and hand flash lights. one of the officers then approached me and asked for license and registration. she asked if i was drinking and i said my brother was and she then had me perform field tests. i was arrested and taken to give blood (cuffs were still on and hands behind my back) this WAS NOT a checkpoint as myself and my brother asked the officer. did this officer have any reasonable suspicion to even question me since i was not stopped for any particular violation?


Asked on 5/12/08, 4:43 pm

1 Answer from Attorneys

John Gibson John W. Gibson, Esquire

Re: Illegal Stop?

I think you may be able to get the results of the field test and blood test suppressed. I don't see any probable cause for the stop.

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Answered on 5/13/08, 9:44 am


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