Is it illegal for an officer to pull me over inside a gated community if they followed me from down the street?

I was followed from a street into a gated community and then pulled over inside the gated community. I was allegedly pulled over for illegal window tinting. The officer smelled alcohol on my breath and proceeded to do FST’s and a breathalyzer, in which I blew .230. I was arrested for DUI.

Asked on September 19, 2012 under Criminal Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

1) An officer is not required to pull a car over immediately, but may follow it before pulling it over later.2) As long as the infraction you were pulled over was valid--that is, you do have ilegally tinted windows--the stop would be legal; and once legally stopped, you could be required to take a breathalyzer test if there is reason to suspect (e.g. the smell of alcohal) that you may be driving while under the influence.

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