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PBTs and the Fourth Amendment

At the start of the fall semester, the Daily Tar Heel reported that Chapel Hill and Carrboro police officers have combined forces with UNC campus police in an effort to ramp up enforcement of laws prohibiting underage drinking.  The article states that undercover operations are among the tactics employed by the town’s Alcohol Law Enforcement … Read more

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You Can’t Tell Just from the Smell

I’ve been asked more than once about whether the odor of alcohol combined with a positive reading on a portable breath alcohol screening test device, such as an ALCO-SENSOR, without more, constitutes probable cause to believe that a defendant has committed the offense of impaired driving. My answer?  No.  My reasoning? First, you can’t tell … Read more