The defendant in this case was charged with DWI and violation of traffic laws. Upon receiving all statements of the parties involved, the court has scheduled a hearing to determine if the statements made by the defendant should be admissible as evidence.
According to the case files, the defendant gave an initial statement to the police regarding the circumstances of his traffic violations. The defendant first drank four beers before moving on to another place to take two more beers. The defendant then proceeded to drive home. He got out of his car sometime later and walked home instead. The defendant further told the police that he was driving his car home when he the police car approaching. It was during that time that he got out of the car and ran away to walk home.
A New York Criminal Lawyer said he police officer was named the only witness in this case. According to his statement, he and his partner were on their usual patrol but they were not in uniform. The police officer was driving an unmarked car. While patrolling, they received a radio call that a suspicious-looking car was parked along the side of the road. The police officer then proceeded to the direction of the reported vehicle.
The location of the parked car was in front of the driveway of a private residence. According to the owner of the house, she noticed a car parked on her driveway and did not know its owner. She told the police officers that she did not see anyone get out of the car or when it parked on her driveway. She knew nothing about why the car was there.
Using his investigation skills, the police officer felt the hood of the car and discovered that it was still warm. This means that the car was left recently and the driver must still be near. The police officer also noted that the car was locked with the keys still inside. The officer checked the plate number of the vehicle and made a call to check on its owner. The officer found out that the car belonged to a woman.
The police officer noted in his statement that there was no crime being committed under the circumstances. A Manhattan Criminal Lawyer said that the officers left the scene and drove around the neighbourhood to look for any signs of the driver. The officer further indicated in his statement that he was looking for someone who was on foot and stop to ask a few questions.
While driving along further, the officer noticed a man inside a memorial park who was jogging around in circles. The officer observed that the park was about a few minutes away from the location of the car. The officer stopped the car to call the man over. The man here was later known as the defendant. When the defendant came over, the officer asked for identification. At that moment, the officer noted that the man smelled of alcohol and had trouble maintaining his balance. The officer could see that he also had glassy eyes and talked in a slurred way. The officer found the defendant to be in a cordial manner. The defendant was asked to perform sobriety tests. Since all tests show that the defendant was positive with alcohol, the officer brought him in and charged with DWI.
According to the provisions of the law, the police may have the authority to stop anyone who was suspected for committing a crime. The stop is justified if the police can prove their suspicions right. In this case, there was no traffic stop since the defendant was found on the street.
Based on the information presented, the court has determined that the court did not find probable cause in the arrest made by the police. There was no reason for the police to stop the defendant since he was not committing a crime. The motion to suppress is granted in favor of the defendant.
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