Legal Question in Criminal Law in Pennsylvania

My son was trying to dispose of an unopened bottle of alcohol from his vehicle that a passenger left in there when a police officer from a different district from where my son was saw him while he was walking to the trash can. My son told him what he was doing when the officer saw the bottle in his hand. The officer gave my son a breathalyzer test which came up 0.0. He said he was going to issue him a citation since he's done nothing wrong but had an unopened bottle in his hand. My son did not sign anything and the officer told him to go about his business. My question is, "will a citation be forthcoming?" Do I need an attorney?


Asked on 10/05/10, 12:52 pm

1 Answer from Attorneys
SAUL SEGAN SAUL H SEGAN ATTY AT LAW

That is so annoying

It is a shame--but you might want to have a lawyerto be on the safe side---

You should certainly talk to the attorney about a possible action against the municipality, although they are not easy suits to bring, but the officer probably felt he had probable cause

There may be a jurisdictional question because the officer was from another district

Wish you were closer to my area in Philadelphia...

Call me if you like

215-732-4000 www.saulhsegan.com

GOOD LUCK!

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Answered on 10/13/10, 2:24 pm


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