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Police had probable cause to arrest for operating with a detectable amount of a controlled substance

State v. Alpesh D. Shah, 13AP2755, District 1, 9/9/14 (1-judge; ineligible for publication); case activity

Police officers’ observations of Shah and his driving supplied probable cause to arrest Shah for operating with a detectable amount of a restricted controlled substance in his or her blood.

Shah was stopped after he sped by two police cars and was ultimately clocked going almost 85 miles an hour in a 55-mile-per-hour zone. He also “deviate[d] out of his lane” two times. Shah was alone in the car, from which emanated “a strong smell of marijuana….” Shah “had really red, bloodshot eyes, glassy eyes,” but the police didn’t detect an odor of alcohol and Shah’s speech was normal. In the center console of the car police saw a glass pipe containing freshly burnt marijuana. (¶¶3-7). “What the deputies saw the morning Deputy Leranth stopped Shah fully supports Shah’s arrest….” (¶11).

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