I think that varies by state but in MN that is the case. How would not using smell as probable cause though affect that? If an LEO smelled alcohol on a driver would they then just go straight to arrest rather than ask for a field sobriety test?
That's not the clear cut if;then situation you are presenting. They, refusing isn't automatic arrest. It might be automatic DL suspension, but not arrest.
I can't speak for other states but in MN refusal to take a field sobriety test is grounds for arrest. If an officer can't use smell as probable cause what should an LEO do if they stop a driver for a non DUI but smell alcohol on the breath of the driver?
"grounds for arrest" what does that mean exactly. They may arrest you. They may arrest you if you take it and pass. You can refuse and not get arrested. It's just them not being able to use that tool. They have plenty more as per their training for intoxication of alcohol. I don't drink alcohol, never once drunk alcohol and drove. I don't smoke drugs. Meeting evidence for DWI this is a red herring compared to making people get out of the car for fishing. "Where are you going" "where do you work" all these fishing questions are irrelevant to traffic stops. It's abuse to scare you into consent for search or to "search without searching". Once you are outside they can pat you down for "officer safety".
In MN law if your refuse to take a field sobriety test you can be arrested. That is Mn law. I don’t know other states laws but I would be surprised if other states allow someone to go under the suspicion of DUI if they refused a field sobriety test. How is this a red herring? Do you not agree that smelling alcohol on a driver is probable cause of intoxication? You don’t drink but I’m guessing you’ve been around people who do.
The only one Trump is serving to protect are the corrupt scumbags of society. Screw everyone else if they can't protect him or feed him money.
Sorry but it's hard to out triangulate someone who has already achieved perfection. @JuanValdez going to have to really shake it up, something like "let's force everyone to buy a Blu Ray of Gone with the Wind under penalty of imprisonment --- but the money raised goes to Reparations."
Not acceptable. I have relationships with a number of SWAT officers at the local courthouse and they have all told be horror stories about 5-10% of the officers that are permanently mad and just looking for an excuse to explode..... those types of people should not be officers, they should be weeded out and the culture around policing should not be welcoming of them. Currently the attitude I see is "Tom is a live wire, I am surprised he isn't fired or has killed anyone yet".... but that is as far as the accountability goes.
Obviously this cop should be fired. This is a textbook case of what not to do during confrontations between authority figures and those they have authority over. The cop completely escalated the situation by raging at the driver and threatening to physically assault him. This alone is cause for dismissal. I was trained as a paraprofessional working with violent youth on how to first de-escalate, provide clear direction, and then physically control (with others) students who were non-compliant and a threat to themselves or others. I was involved in dozens (if not hundreds) of situations like this working at a special education facility. Not once, did I, or any other staff member threaten to "whoop someone's ass" even as we were being cussed, spit at, and physically attacked. This training and the ability to follow it were a minimum requirement for the job. Police officers, who are given the authority to make life and death decisions, should be held to at least this standard. I'm really surprised that @rocketsjudoka thinks that this cop's behavior doesn't clearly cross a line justifying firing. The anger excuse holds no water. The cop wasn't in the midst of a brawl as he yelled and threatened to attack the driver. He was dealing with someone calmly questioning his authority. Just imagine how he handles someone who is really escalated and defiant.
Man this happened last year on 4/20. If minorities can't drive w/o fear of getting pulled over for fake expired tags and subsequent "smells", might as well make it a national holiday like Cinco de Mayo. That state trooper claimed he was.
