The officers can claim they had probable cause.If you wanna contest that, it basically becomes your word vs. theirs in open court. Sounds like pretty crappy odds to me. I understand your point in the context of the legal theory (and acknowledge that you are correct)...unfortunately, my point was made from a more pragmatic perspective of today's roadside reality. Unless homey has the scrilla for good representation and the time and inclination to fight the application of the law, my advice stands.
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