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Failing only one part of a field sobriety test did not give probable cause to arrest for DUI

By John Wesley Hall, Jr.

Failing only one part of a field sobriety test did not give probable cause to arrest for DUI. PBT was suppressed as unreliable evidence. State v. Derov, 2008 Ohio 1672, 2008 Ohio App. LEXIS 1446 (7th Dist. March 28, 2008).* Defendant refused to submit to arrest and was fumbling in his pockets making officer fear he had a weapon, was pepper sprayed, and continued to try to walk away from the officer. He then dropped something which was a baggie of drugs that was abandoned. His state constitutional law claim was not presented to the trial court so it was not preserved [that that it would win anyway]. State v. Garcia, 2008 NMCA 44, 2008 N.M. App. LEXIS 13 (February 1, 2008), certiorari granted, No. 30,937, March 25, 2008.* Stop and frisk was valid because of defendant's movements and pulling something black from his wasteband...continue to full post

Full post as published by Fourth Amendment on April 12, 2008 (boomark / email).