COERCED CONFESSIONS: STATEMENTS MADE IN EXCHANGE FOR A PROMISE
SUMMARY: If law enforcement makes a promise in exchange for a statement, no matter how slight the promise, is sufficient alone to render the statement involuntary.
MUST WARN DEFENDANT OF ADVERSE CONSEQUENCES OF A REFUSAL
SUMMARY: The refusal to perform investitive testing such as the FSEs is admissible to show the consciousness of the Defendant’s guilt only if the Defendant was informed of at least one adverse consequence that would result from his refusal to perform the FSEs.
REQUEST FOR FSE JURY INSTRUCTION
SUMMARY: Field sobriety exercises (FSEs) are often mistaken as tests, because they are compelled and administered by law enforcement to the Defendant. For this reason, the Defendant would request a special jury instruction clarifying that FSEs are not tests, they are limited to lay observations, and are not subject to not expert testimony.
SUPPRESSING STATEMENTS BASED ON A MIRANDA VIOLATION
SUMMARY: If a defendant is in custody, and is being questioned or law enforcement makes statements to him to elicit an incriminating response, then those statements should be suppressed as a violation of the defendant's right against self incrimination.
LEGAL CAUSE TO REQUEST FSE
SUMMARY: Whether there is cause to detain a person for a DUI must be based on objective facts and circumstances observed by the officer at the time and place of the investigation. It is also clear odor of alcohol is not sufficient for an officer to order field sobriety exercises, but there must be additional indicators of impairment such as...
