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Criminal Law

: Fourth Amendment

CA10: Erratic driving is enough reasonable suspicion for a stop and a field sobriety test

By John Wesley Hall, Jr.

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Erratic driving is enough reasonable suspicion for a stop and a field sobriety test. (Plaintiff here was not under the influence and she sued.) Amundsen v. Jones, 2008 U.S. App. LEXIS 14991 (10th Cir. July 15, 2008): We recognize that most cases addressing potential Fourth Amendment violations arising from traffic stops for suspicion of driving under the influence will involve additional indicia of intoxication beyond the suspect's driving pattern. See, e.g., State ex rel. Verburg v. Jones, 121 P.3d 1283, 1286 (Ariz. Ct. App. 2005) (holding that reasonable suspicion justified the field sobriety tests because the driver drove erratically, had bloodshot and watery eyes, slurred speech, and had trouble exiting the vehicle); Dixon v. State, 737 P...continue to full post

Full post as published by Fourth Amendment on July 17, 2008 (boomark / email).

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