Arce v. State, No. A00A0946.
| Court | United States Court of Appeals (Georgia) |
| Writing for the Court | MILLER. |
| Citation | 245 Ga. App. 466,538 S.E.2d 128 |
| Parties | ARCE v. The STATE. |
| Docket Number | No. A00A0946. |
| Decision Date | 04 August 2000 |
538 S.E.2d 128
245 Ga. App. 466
v.
The STATE
No. A00A0946.
Court of Appeals of Georgia.
August 4, 2000.
Gwendolyn R. Keyes, Solicitor, Thomas E. Csider, Lauren E. Waller, Assistant Solicitors, for appellee.
MILLER, Judge.
The question on appeal is whether Miranda warnings must precede field sobriety tests during routine roadside questioning, where the detained driver is not under formal arrest but exhibits many physical manifestations of intoxication amounting to probable cause to arrest. We answer in the negative and affirm.
An officer observed Wanda Arce's speeding vehicle make a right turn and slide sideways, travel down the wrong side of the road, turn into a service station, and stop. She jumped out and crouched or squatted beside the car. The officer activated his blue lights, pulled up behind her, and exited his patrol car. As he approached Arce, she stood unsteadily and balanced herself against her car. She smelled strongly of alcohol, had red, glassy-looking eyes, and slurred and mumbled her speech. She admitted to having four drinks.
The officer asked for her driver's license and proof of insurance, neither of which she could find. He asked her to submit to field sobriety tests, to which she consented. She was unable to perform any of the three tests, at which point the officer placed her under arrest. A tow truck immediately arrived to tow her vehicle.
Following a bench trial, Arce was convicted of driving under the influence,1 having no proof of insurance,2 and driving left of the centerline.3 She appeals the denial of her motion to suppress the results of the field sobriety tests, arguing that the officer had her in custody at the time of the tests and thus under Price v. State4 was required to inform her of her Miranda rights before administering the tests.
No Miranda warnings are required before administering field sobriety tests during a traffic stop unless the suspect is in custody.5 Here the officer testified that he did not place Arce under arrest until after she completed the field sobriety tests. Arce counters that since the evidence was so overwhelming as to her intoxication and traffic violations, the officer obviously had more than sufficient probable cause to arrest her at the time he asked her to perform the sobriety tests and, therefore, they both understood that she was in custody.
This argument fails for two reasons. First, the officer testified that even
though he had seen evidence of impairment, he wanted to do the field sobriety...To continue reading
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State v. Turnquest, S19A0157.
...S.E.2d 248 (2001), overruled on other grounds by Hough v. State, 279 Ga. 711, 716-717 (2) (a), 620 S.E.2d 380 (2005) ; Arce v. State, 245 Ga. App. 466, 466, 538 S.E.2d 128 (2000) ; State v. Coe, 243 Ga. App. 232, 234 (2), 533 S.E.2d 104 (2000), overruled on other grounds by Olevik, 302 Ga. ......
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Wright v. State, A21A1655
...takes no overt step to communicate that belief." Pugh, 323 Ga.App. at 37 (2) (citation and punctuation omitted); see Arce v. State, 245 Ga.App. 466, 466-467 (538 S.E.2d 128) (2000) (probable cause for an arrest, standing alone, does not convert a temporary detention into a formal arres......
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Wright v. State, A21A1655
...to communicate that belief." Pugh , 323 Ga. App. at 37 (2), 747 S.E.2d 101 (citation and punctuation omitted); see Arce v. State , 245 Ga. App. 466, 466-467, 538 S.E.2d 128 (2000) (probable cause for an arrest, standing alone, does not convert a temporary detention into a formal arrest......
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Bryant v. State, No. A12A2204.
...not whether the officer had probable cause to arrest. See Hodges v. State, 265 Ga. 870, 872(2), 463 S.E.2d 16 (1995); Arce v. State, 245 Ga.App. 466, 466–467, 538 S.E.2d 128 (2000). We find nothing in the record indicating that Bryant should have been given Miranda warnings at any point pri......
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State v. Turnquest, S19A0157.
...S.E.2d 248 (2001), overruled on other grounds by Hough v. State, 279 Ga. 711, 716-717 (2) (a), 620 S.E.2d 380 (2005) ; Arce v. State, 245 Ga. App. 466, 466, 538 S.E.2d 128 (2000) ; State v. Coe, 243 Ga. App. 232, 234 (2), 533 S.E.2d 104 (2000), overruled on other grounds by Olevik, 302 Ga. ......
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Wright v. State, A21A1655
...takes no overt step to communicate that belief." Pugh, 323 Ga.App. at 37 (2) (citation and punctuation omitted); see Arce v. State, 245 Ga.App. 466, 466-467 (538 S.E.2d 128) (2000) (probable cause for an arrest, standing alone, does not convert a temporary detention into a formal arres......
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Wright v. State, A21A1655
...to communicate that belief." Pugh , 323 Ga. App. at 37 (2), 747 S.E.2d 101 (citation and punctuation omitted); see Arce v. State , 245 Ga. App. 466, 466-467, 538 S.E.2d 128 (2000) (probable cause for an arrest, standing alone, does not convert a temporary detention into a formal arrest......
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Bryant v. State, No. A12A2204.
...not whether the officer had probable cause to arrest. See Hodges v. State, 265 Ga. 870, 872(2), 463 S.E.2d 16 (1995); Arce v. State, 245 Ga.App. 466, 466–467, 538 S.E.2d 128 (2000). We find nothing in the record indicating that Bryant should have been given Miranda warnings at any point pri......