On January 26, college basketball player Zavier Simpson was involved in a car collision. The incident is a useful refresher about issues than can show up when you’re establishing probable cause.
Simpson, who plays for the Michigan Wolverines of the Big Ten Conference, was in a car that collided with a street sign and a utility pole. Because there was no liquor odor on his breath and no proof that Simpson was driving, police did not have probable cause for a breathalyzer test. Police saw Simpson stumbling as he walked around the car, but they didn’t see him leaving it. Simpson told them he wasn’t the driver, and the driver’s seatbelt was set for a smaller person.
Later Chrislan Manuel, the athletic director’s wife and owner of the car, told police that Simpson was the driver. She said her husband often allowed athletes to borrow the car. Simpson admitted he’d been driving the car.
Simpson was suspended for missing the team curfew and missed the January 28 game against Nebraska, ending a 135-consecutive games-played streak.
Click the link for more details: https://www.mlive.com/news/ann-arbor/2020/02/heres-why-police-didnt-breath-test-zavier-simpson-after-crash.html