Pennsylvania Firearm Owners Association
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  1. #21
    Join Date
    Jan 2011
    Waynesboro, Pennsylvania
    (Franklin County)
    Rep Power

    Default Re: Pa. Supreme Court alters police rules for warrantless vehicle searches

    Quote Originally Posted by markshere2 View Post
    Dude, If Officer Friendly wants, you will ALWAYS fail a field sobriety test that is not objective. I am talking about HGN and touch your nose and one foot up and the ilk.

    I reckon a " blow in the tube " test is pretty objective.
    I've passed two field sobriety tests in my 40 years of driving (and failed zero). They just wanted me out of the car and distracted while the second officer walks around it and peeks inside with a flashlight. If they want the stop to become anything besides a simple moving or equipment violation, the first thing they do is separate you from your vehicle. Now the court has said they need reason to think there's something illegal or dangerous in your vehicle before tearing into it, that's all I'm saying.
    The Hostler

  2. #22
    Join Date
    Jan 2007
    Near Ponce ( Oct to May ), Puerto Rico
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    Default Re: Pa. Supreme Court alters police rules for warrantless vehicle searches

    You are an extraordinary person. FSTs are meant to fail no matter how sober you are. First, they are subjective. Any two cops could give three opinions on whether your eyes are glassy. Second, they require unusual skills. The cop administering the test has demonstrated the heel to toe walk hundreds of times. I have not tried it in decades. Third, they are scientifically flawed. The *follow the tip of my pen with your eyes * is a test for nystagmus or jerky eye movements. If nystagmus is noted, even legitimately noted, it means nothing. That is because nystagmus has over twenty causes not counting alcohol. It can be caused by driving a long time at night and there are even genetic reasons for it. Don*t hand ammunition to the enemy. Don*t look at the officer so he cannot see your glassy eyes. Open your window only a little to pass documents but not allow your breath to be smelled. Give the same *I won*t be answering that question* response so you won*t stammer over more complicated sentences. Exit the car if ordered (PA v Mimms) but do not take any tests. Make the cop make his decision re DUI with as short a list of talking points as possible. Make the *totality of the circumstances* a very small quantity.

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