Kandy wrote me privately a few days ago g
For the officer to cite you for PI, he/she needed to have probable cause that you were intoxicated in public and presented a danger to yourself and/or others. Probable cause is a higher standard than reasonable suspicion. It basically means that there was evidence that it was more likely than not that a crime had been committed.
Originally Posted by ShysterJon
About a decade ago, Houston PD (and I think Dallas PD as well) decided to curb drunk driving by sending undercover police to bars. Their goal was to observe patrons that might be drunk, and issue them PI tickets on the spot. No breathalyser, no nothing. If you were a little too loud, or laughed too loud, you'd get a PI ticket if undercover officer was nearby. This was well reported in the media and widely criticized, so that practice has since stopped. Now in the light of what you wrote above, what could have been the "probable cause" to write a PI ticket in those cases? Being too loud in a bar?
On the other hand, when HPD raids after hours clubs in Houston under suspicion that they serve alcohol (as they all do), the officers line up all patrons and give them breathalysers. If you blow over the limit, you get arrested for PI, which then gives officers pretext to search you for concealed weapons and drugs. Again, this is another example of stretching the "probable cause" to issue you a PI - why would a mere presence in an after hours club that possible serves alcohol give the officers probable cause to administer a breathalyser test to all patrons?
Kandy wrote me privately a few days ago g
If the paraphernalia was in plain view, the officer had the right to seize it and ticket you independently of any evidence regarding the PI.
Originally Posted by ShysterJon
Is water pipe paraphernalia? How about glass pipe? if so, why are they being legally sold in this state? How can they be OK while on display in the shelf, and become illegal as soon as they're paid for?