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Probable Cause For An Arrest
"Probable Cause for a DUI arrest must arise from facts and circumstances that show a probability that a driver is impaired by alcohol or has an unlawful amount of alcohol in his/her system."
State v. Hicks, 18 Fla. L. weekly Supp. 248 (Fla. 6th Cir. Ct. Jan 4, 2011)
"Court held that regardless of whether an officer who made a traffic stop issued a citation, the stop was still valid if there was probable cause for any infraction; court found that the traffic stop was valid even though the officer may not have had probable cause for the charge on which a citation was issued because he clearly had probable cause for other infractions."
State v. Kliphouse, 771 So. 2d 16 (Fla. Dist. Ct. App. 4th Dist. 2000)
"The presence of an odor of alcohol alone is insufficient for a finding of probable cause."
Dep't of Highway Safety & Motor Vehicles, Div. of Driver Licenses v. Possati, 866 So. 2d 737 (Fla. Dist. Ct. App. 3d Dist. 2004)
" the odor of alcohol must be combined with other factors. Those factors "may include the defendant's reckless or dangerous operation of a vehicle, slurred speech, lack of balance or dexterity, flushed face, bloodshot eyes, admissions, and poor performance on field sobriety exercises."
Dep't of Highway Safety & Motor Vehicles v. Ivey, 73 So. 3d 877 (Fla. Dist. Ct. App. 5th Dist. 2011)
"A law enforcement officer is not required to have probable cause that a motorist had been driving or had physical control of a vehicle while intoxicated at the time the officer makes an investigative stop; rather, only a founded suspension that the motorist is intoxicated is needed for a stop." AND "A “founded suspicion” or “reasonable suspicion” necessary to support an investigatory stop is a suspicion that would warrant a man of reasonable caution to believe that a stop was appropriate."
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