Criminal law — Driving under influence — Search and seizure — Detention — Delay of 40 – 60 minutes while awaiting officer to conduct DUI investigation, during which time neither officer at scene of fender-bender took any action to issue citation or investigate possible DUI, was unlawful — Pre-Miranda statements made during crash investigation are suppressed pursuant to accident report privilege — Officers lacked reasonable suspicion to detain defendant for DUI investigation following minor accident where 2 of 3 officers present observed no odor of alcohol, all observed normal speech and no difficulty with walking or balance and observations of nervousness and flushed face are attributable to defendant’s concern for well-being of child involved in accident and defendant’s fair complexion — Where, in addition to lack of physical indicia of impairment, defendant performed flawlessly on field sobriety exercises, there was no probable cause for arrest — All evidence, observations, statements, performance on exercises, and refusal to submit to breath test are suppressed.
Legal Topics
Criminal law — Driving under influence — Search and seizure
Apr 11th, 2025 in by admin