What circumstances will police officers stop pedestrians and motorists on the streets if they suspect that they are intoxicated?

California, United States of America


The following excerpt is from People v. Zafiropoulos, 145 Cal.App.3d Supp. 35, 194 Cal.Rptr. 149 (Cal. Super. 1983):

It is well settled that "circumstances short of probable cause to arrest will justify an officer's stopping pedestrians and motorists on the streets whenever it appears that such course is reasonably necessary to discharge the officer's duty to prevent crime and maintain the peace as well as apprehend criminals after the fact. [Citations omitted.]" (People v. Beal (1974) 44 Cal.App.3d 216, 220, 118 Cal.Rptr. 272.) In Beal, police officers who had observed two men stagger to an automobile and drive away, followed the vehicle for one and one-half blocks before stopping the vehicle to ascertain whether "these people were intoxicated." (Id., at p. 218, 118 Cal.Rptr. 272.) The officers observed no traffic violations committed by the driver prior to stopping the vehicle. After stopping the vehicle the officers concluded that the two men were under the influence of narcotics and placed them under arrest. Narcotics and narcotics

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