Legal Question in DUI Law in Pennsylvania

Is this probable cause?
I was at a party and had to take a friend home. I stopped back at my house on the way, and told my friend he could sit in the car and I would be right back. While I was gone he got out of the car and was walking around on the street. The neighbors called the police on him. I came back out and we left to go to his house and I immediately was surrounded by police, guns drawn and everything. (I guess they thought we were stealing a car?) I am now being charged with DUI. My question is, is this probable cause to search us? In my opinion the entire thing was unjustified. If the judge were to agree that it's not probable cause would the DUI then be thrown out all together?

Asked on 7/23/06, 2:32 pm

Charles A. Pascal, Jr. Law Office of Charles A. Pascal, Jr.

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Re: Is this probable cause?

I know what you're asking, but you're not giving enough information. What did the police think and why? Did they know who called them, etc.?

Other than the tip, was there any other reason they pulled you over?

All of this is necessary to know before answering your question. You should hire an attorney ASAP.

Answered on 7/23/06, 10:26 pm

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