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Criminal Law

: Fourth Amendment

ID: Glassy and bloodshot eyes RS

By John Wesley Hall, Jr.

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Defendant was parked in a park after hours, and an officer approached him to talk to him. The defendant had bloodshot and glassy eyes, and the officer ordered him out of the car. At that point, the encounter became a stop governed by Terry. This was with reasonable suspicion. State v. Grigg, 2010 Ida. App. LEXIS 24 (April 1, 2010): Our appellate courts have not decided the issue of whether glassy bloodshot eyes, eye tremors, and reddening of the conjunctiva are enough to establish reasonable suspicion of criminal activity. Generally, cases in Idaho that involve bloodshot eyes as evidence of alcohol or drug use are coupled with some other evidence. ... However, bloodshot eyes alone are not enough to establish reasonable suspicion that a crime is being committed...continue to full post

Full post as published by Fourth Amendment on April 05, 2010 (boomark / email).

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