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Posted by: MPD

Does any other officer or dept issue Miranda warnings before starting OUI questions and FST?

I'm pretty sure I don't have to issue Miranda prior to questioning during and OUI stop. No custody. When ever I ask my superiors or senior officers why I "should" they say "Is he free to go?" The answer is no.

Could somebody point out the caselaw that states that Miranda is not necessary during OUI stops. I always get hung up about the "Is he free to go ?" comment. Basically, he is not free to go until I determine if there is enough evidence to arrest him.

Lately, when I have somebody step to the rear of their vehicle for OUI sobriety tests I will give him Miranda and then ask, "How many drinks did you have," etc.

Just looking for some insight from other officers. thanks

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Posted by: NBC515

You only need to provide Miranda if you have someone in CUSTODY and you plan on INTERROGATING them...Here is the actual case law:

In Vanhouton v. Commonwealth, 424 Mass. 327, 331 (1997), this court said that "a motorist who is temporarily detained after being stopped on suspicion of operating a motor vehicle while under the influence of intoxicating liquor is not held in custody, and, as a result, the investigating police officer is not required to furnish Miranda warnings to the motorist before administering field sobriety tests." This decision, we noted, was compelled by United States Supreme Court case law; "[a] defendant's custody and the resulting need for Miranda warnings is a question solely of Federal constitutional law." Id. at 331. A police officer's request that a motorist perform field sobriety tests "[does] not involve . . . compulsion sufficient to trigger the protection of the Fifth Amendment

Hope that Helps!

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Posted by: bbelichick

Not Custodial Interrogation. No need.

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Posted by: Wolfman

...and if it isn't needed, don't start. Don't want to set a bad precedent.

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Posted by: OutOfManyOne

Are you a FT cop? If you are it is unbelievable that you do not know the answer to this. It was always discussed in length during recruit academies.

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Posted by: quality617

Quote:

Originally Posted by OutOfManyOne Are you a FT cop? If you are it is unbelievable that you do not know the answer to this. It was always discussed in length during recruit academies.

Jesus, dude.

Back it up a few notches. Some of us revel in our OUI arrests, and some don't touch them for whatever reason. No need for the red hot poker.

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Posted by: NBC515

Quote:

Originally Posted by quality617 Jesus, dude. Back it up a few notches. Some of us revel in our OUI arrests, and some don't touch them for whatever reason. No need for the red hot poker.

Agreed...

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Posted by: 94c

ya, cut him some slack. poor guy has bosses that don't have a clue.

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Posted by: Rock

Quote:

Originally Posted by 94c ya, cut him some slack. poor guy has bosses that don't have a clue.

That's the sad news. Anyone else deal with poor leadership? Not rare.

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Posted by: potatochip

Quote:

Originally Posted by Rock That's the sad news. Anyone else deal with poor leadership? Not rare.

What are you talking about? The brass is never wrong and all-knowing.

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Posted by: MPD

Thanks for the input. Bottom line, I do what my supervisors ask me to do. And as most of you know we have to conform to what our courts prefer.

The case was mainly what I was looking for. Thanks

A thousand apologies for not remembering of the top of my head.

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Posted by: DPD6860

J809 has the answer, he's the KING of OUI Arrest plus he is an SFST Instructor. But you do not need miranda, becuase your are building your probable cause based on the obvious, vehicle in motion, exit interview, etc.

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Posted by: epd111

Unless, of course, y'all are in SC, where it is required by statute - the legislature is infested with defense attorneys. Based on how many times the quesion was asked, I always preface with the comment "no, you are not under arrest".

However, given the choice between that and some of the laws in MA, I think I'll keep saying ... "you have the right....."

Ed

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Posted by: secret squirrel

In addition to that case, i think there is another one that states the alphabet test is non-testimonial. it is a test of coherency and miranda is not required. can you tell, it's been awhile......

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