My question involves criminal law for the state of: Kansas.
I have several questions. I was driving on a commercial road when a cop flashed me to pull over. I pulled onto private property (unknowingly), passed all his sobriety tests minus the breathalizer (blew .09). He mentioned I was speeding 40 mph in a 30 but later said he didn't have a radar and paced me (for only 1/2 a mile) to get that speed. Upon arrest, the officer said he was unable to tow my vehicle due to it being on private property. Question 1) Was the officer even allowed to conduct a speeding/DUI tests on this property since it was private. Question 2) Is there a set distance requirement for pacing estimates?? Question 3) I had a severely intoxicated friend from out of town in the car with me: upon my arrest they secured my vehicle, i.e. they kicked my friend out of my car and left him intoxicated on a business's private property, ALONE. Talking to my friend later he said he was there for a good 20 minutes alone. I heard somewhere that police are required to leave an officer with such a person to prevent public intoxicity tickets or any other problems that may arise from him being on private property. Does anyone know if this is true? If so can I prove that the officer used a lack of judgement with my friend, therefore proving he was unable to A) estimate my speed properly and B) use judgement in my sobriety tests. Thank you all in advance