Police Capable of Detecting Alcohol Without A Chemical Test, Appeals Court Rules – The BLT: The Blog of Legal Times

Police Capable of Detecting Alcohol Without A Chemical Test, Appeals Court Rules

Adhering to the old adage of, “If it walks like a duck and quacks like a duck, then it just may be a duck,” the District of Columbia Court of Appeals has ruled that when police charge someone with an open container law violation, they don’t have to administer a chemical test to prove the liquid is alcohol.

In a precedent-setting opinion (PDF) issued today, the appellate judges found that while chemical testing is often used in narcotics cases, police officers are capable of deciding that a liquid is alcohol based on smell.

via Police Capable of Detecting Alcohol Without A Chemical Test, Appeals Court Rules – The BLT: The Blog of Legal Times.

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