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FL: Miranda warnings does not turn a consensual stop into a seizure

By John Wesley Hall, Jr.

Reading Miranda warnings does not turn a consensual stop into a seizure. Caldwell v. State, 2010 Fla. LEXIS 1115 (July 8, 2010), approving Caldwell v. State, 985 So. 2d 602 (Fla. 2d DCA 2008)* and rejecting Raysor v. State, 795 So. 2d 1071 (Fla. 4th DCA 2001).* Court declines to decide whether a field sobriety test is a seizure since officer had probable cause at the time of the seizure. [Like you can refuse or get back in your car and drive off? You get arrested if you refuse or drive off.] “Based upon the indicia of intoxication, Officer Kirby had probable cause to arrest defendant for OVI when he advised defendant that he would arrest him if he refused to do the walk-and-turn test.” City of Columbus v. Bickis, 2010 Ohio 3208, 2010 Ohio App...continue to full post

Full post as published by Fourth Amendment on July 10, 2010 (boomark / email).