Defendant was stopped for speeding. The officer explained the citation and he signed it. The officer smelled alcohol and asked how much he had to drink. Sound like a typical DUI? In court, the trial Judge watched the video and decided to suppress the driver's statement as a violation of Miranda. The State appealed and the decision was reversed.
The Appellate Court cited well established Tennessee and federal law concerning this issue. The biggest surprise is that the trial court apparently did not know about Berkemer v McCarty, State v Snapp etc. The Court recited the language that most prosecutors can cite in their sleep:
“asking a modest number of questions and requesting the performance of sobriety tests at a location visible to passing motorists do not, by themselves, constitute treatment that can fairly be characterized as the functional equivalent of a formal arrest.”
Read the opinion at: http://www.tsc.state.tn.us/OPINIONS/Tcca/PDF/102/State%20v%20Andrew%20Hunter%20Heffel.pdf
Wednesday, April 7, 2010
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