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Courts Rule Officer Must Observe Traffic Violation to Convict DUI Offenders

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Chief Justice John Roberts requested the Supreme Court review a lower-court ruling in a DUI trial where a defendant was acquitted due to lack of reasonable suspicion of criminal activity to warrant a traffic stop.  Joseph A Moses Harris Jr. (Commonwealth v. Harris), the defendant, was stopped and subsequently arrested by police after a 911 caller reported a suspicion of an intoxicated Harris driving his vehicle.  Police located the car and initiated a traffic stop without observing any suspicious behavior.  Chief Justice Roberts's request to his colleagues for review of the case was declined.  Roberts is speaking out against the ruling, claiming it will "grant drunk drivers ‘one free swerve'".

 

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