Criminal Procedure Assignment Three
.docx
School
Nonesuch School**We aren't endorsed by this school
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NONE E
Subject
Law
Date
Dec 18, 2024
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2
Uploaded by DukeScorpionMaster1181
1.Question One: Berkemer, Sheriff of Franklin County v. McCartyDan Slater was pulled over in Miami Dade County for swerving, asked to exit the vehicle, and given a field sobriety test. The officer concluded that Slater was intoxicated, read his Miranda rights, handcuffed him, and transported him to the local jail. Slater claims he was in custody when asked to exit the vehicle, so any evidence obtained before having his Miranda rights read to him would be inadmissible. What is the most likely outcome of Slater's motion to have the field sobriety test found inadmissible?A.Our client’s facts:Dan Slater was pulled over in Miami Dade country for swerving.Was given a field sobriety test after being asked to exit the vehicle.Was found to be intoxicated, had his Miranda rights read to him, and was handcuffed immediately.Was transported to a local jail.B.Legal issue:Does Dan Slater have any legal calls to have his field sobriety test found inadmissible?C.Case law:Berkemer, Sheriff of Franklin County v. McCarty: is the case that will be used to analyze the outcome of Dan’s case. Additional information that includes thefacts and court analysis will be discussed in the response/discussion section. In the section will be any, and all information that is critical from the case. D. Response/Discussion:The defendant was charged with operating a motor vehicle while intoxicated and operating a motor vehicle with an alcohol concentration of at least .08 but less than .15 grams of alcohol per 210 liters of breath in the case of State v. Brown, 70 N.E.3d 331 (1stCir. 2017). In July 2013, the Indianapolis Metropolitan Police set up a field sobriety checkpoint to apprehend impaired drivers. At some point, The defendant entered the checkpoint officer Winter identified himself and asked Brown for his license. He observed that Brown had red watery eyes and struggled to get his license out. He also had slurred speech and smelled like alcohol. Officer Winter asked Brown if he had been drinking and Brown admitted that he had. The officer administered some field sobriety tests, and ultimately, arrested Brown. The defendant was charged with a class C misdemeanor of operating a vehicle, while intoxicated and operating a vehicle with an alcohol concentration of at least .08. The defendant’s lawyer argued that Brown was not in custody when asked the incriminating question by police. However the test of whether a defendant is in custody is not whether a defendant feels free to go, but rather whether there was a formal arrest or restraint on freedom of movement of the degree associated with a formal arrest. Further, the United States Supreme Court has repeatedly held that a person temporarily detained in an ordinary traffic stop isnot in custody. In our case. Dan was pulled over due to his swerving where he
was asked to exit the vehicle. At that moment, Dan was detained not in custody he was asked to submit to a sobriety test that he had failed. The officer proceeded to handcuff Dan and then put him in custody therefore Dan’s slander sobriety test will be admissible.