Criminal law — Driving under influence — Search and seizure — Arrest — Probable cause — Actual physical control of vehicle — Statements of defendant — Accident report privilege — Officer who encountered defendant standing 10 feet away from vehicle at scene of single-vehicle accident did not have probable cause to believe that defendant was in actual physical control of vehicle where keys were not in defendant’s possession — Defendant’s statements to officer about driving were not admissible where officer told defendant three times that he was only doing accident investigation and never read Miranda warning to defendant — Motion to suppress is granted.
Legal Topics
Criminal law — Driving under influence — Search and seizure — Arrest — Probable cause
Dec 22nd, 2023 in by admin