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Posted by John P. Rutkowski | Jul 29, 2019 | 0 Comments

Criminal law -- Driving under influence -- Search and seizure -- Consensual encounter -- Officer's request for defendant to exit vehicle did not transform consensual welfare check into investigatory stop where officer, who was responding to anonymous tip of person passed out in parked vehicle, attempted to rouse defendant, and officer's concern for defendant's welfare was not alleviated when defendant awoke and attempted to drive off but was unable to put vehicle in gear. Detention -- Once officer's concern for defendant's welfare was alleviated, he had reasonable suspicion to detain defendant for DUI investigation where officer observed open containers of alcohol in vehicle and defendant had unsteady stance, bloodshot and watery eyes, and odor of alcohol. Arrest -- Officer who conducted DUI investigation had probable cause to arrest defendant based on his observations and defendant's performance on field sobriety exercises. Motion to suppress is denied

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John P. Rutkowski

Mr. Rutkowski has been practicing law for the past twenty-five years. Prior to going to law school Mr. Rutkowski served as a deputy sheriff before retiring to attend law school. Upon graduating law school Mr. Rutkowski served as a prosecutor in Florida before going in to private practice and representing clients in three states.


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John P. Rutkowski, Attorney at Law, firm represents clients in the area of driving under the influence, boating under the influence, Criminal & Civil Traffic Offenses. Contact me today for a free telephone consultation.