Legal Question in DUI Law in Pennsylvania
Illegal Stop?
I am from MD and visiting my parents in PA. My brother and I were driving home and happened upon an officer on the side of the road engaged with someone on a bicycle. the officers had him doing ''figure eights'' on his bike spanning the width of the road. i approached cautiously and stopped about 20-30 ft from the scene, the officers' lights were not on all i could see was the spotlight and hand flash lights. one of the officers then approached me and asked for license and registration. she asked if i was drinking and i said my brother was and she then had me perform field tests. i was arrested and taken to give blood (cuffs were still on and hands behind my back) this WAS NOT a checkpoint as myself and my brother asked the officer. did this officer have any reasonable suspicion to even question me since i was not stopped for any particular violation?
1 Answer from Attorneys
Re: Illegal Stop?
I think you may be able to get the results of the field test and blood test suppressed. I don't see any probable cause for the stop.