Legal Opinion

State v. Superior Court of Arizona

Court of Appeals of Arizona

Decided March 31, 1987No. 2 CA-SA 87-0012PublishedCited by 10 opinions

1Opinion of the Court

OPINION

FERNANDEZ, Judge.

The issues presented by this special action concern the question whether evidence of a defendant’s refusal to take field sobriety tests in a trial on a charge of driving under the influence would violate the defendant’s Fifth Amendment privilege against self-incrimination. This is a narrow legal question, and one of significant public concern, appropriate for determination by special action. We therefore accept jurisdiction.

Real party in interest Hubert Spears was indicted on one count of driving under the influence of intoxicating liquor while his operator’s license…

2Cases cited12 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  3. South Dakota v. NevilleSupreme Court of the United States · 1983
  4. Holt v. United StatesSupreme Court of the United States · 1910
  5. Campbell v. Superior CourtArizona Supreme Court · 1971

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3Cited by10 opinions

  1. State v. Randy J.New Mexico Court of Appeals · 2011
  2. City of Seattle v. StalsbrotenWashington Supreme Court · 1999
  3. City of Seattle v. StalsbrotenWashington Supreme Court · 1999
  4. Vanhouton v. CommonwealthMassachusetts Supreme Judicial Court · 1997
  5. McCormick v. Municipality of AnchorageCourt of Appeals of Alaska · 2000

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