Failure of Officer to Ask Driver to take Field Sobriety Test Unlawful Motion to Suppress Granted

Aug 27, 2020

Driving under influence — Search and seizure — Field sobriety exercises — Where defendant, who was lawfully stopped and detained, was never asked if he would consent to field sobriety exercises, but merely submitted to trooper’s show of apparent authority that would lead reasonable person to conclude that he was not free to leave or refuse. Motion to suppress exercises is granted. Post-arrest evidence is also suppressed where there was no probable cause for arrest without evidence of exercises.

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