Criminal law — Driving under influence — Search and seizure — Investigatory detention — Where deputy responding to report of armed disturbance was given description of alleged suspect and his vehicle, deputy observed vehicle matching that description in parking lot with motor running, and deputy parked behind vehicle to block it from leaving, deputy conducted investigatory detention based on reasonable suspicion that defendant in vehicle was committing, had committed or was about to commit crime — Where deputy at scene and deputy at corrections facility observed that defendant had odor of alcohol and red/glassy/watery eyes but did not observe indicia that defendant was actually impaired, deputies did not have probable cause for DUI arrest — While a defendant’s refusal to perform field sobriety exercises may be used in court as evidence of consciousness of guilt, refusal is not basis to find probable cause for DUI arrest — Witnesses are prohibited from referring to defendant as drunk or impaired
Legal Topics
Criminal law — Driving under influence — Search and seizure — Investigatory detention
Jun 22nd, 2021 in News by admin