If an officer pulls you over because they claim that a witness saw you swerving, is that probable cause or does the officer have to witness it him/herself?
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If an officer pulls you over because they claim that a witness saw you swerving, is that probable cause or does the officer have to witness it him/herself?
Asked on January 19, 2016 under General Practice, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
No, you can be pulled over for a traffick infraction based on a witness, and not the officer him/herself, seeing you, just as people can be arrested, charged, even convicted on witness testimony when an officer does not see the crime. The only requirement is that the testimony be credible.
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