Legal Opinion
People v. Berg
New York Court of Appeals
Decided February 23, 1999PublishedCited by 52 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Kaye.
This appeal centers on the intersection of two important interests: the prosecution of drunk drivers, and the constitutional privilege against self-incrimination.
In order to determine whether a driver is intoxicated, police officers frequently supplement their observational skills with field sobriety tests such as the “walk and turn” and “one-leg stand,” as well as chemical analysis tests of the driver’s blood or breath. In a subsequent criminal trial, can the State introduce the results of these tests, or evidence of a defendant’s refusal to take them,…
2Cases cited12 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Rhode Island v. InnisSupreme Court of the United States · 1980
- United States v. DionisioSupreme Court of the United States · 1973
- South Dakota v. NevilleSupreme Court of the United States · 1983
7 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- People v. PaulmanNew York Court of Appeals · 2005
- People v. BorukhovaAppellate Division of the Supreme Court of the State of New York · 2011
- Karamychev v. District of ColumbiaDistrict of Columbia Court of Appeals · 2001
- People v. BaggettAppellate Division of the Supreme Court of the State of New York · 2008
- People v. LyonsAppellate Division of the Supreme Court of the State of New York · 2021
47 more not listed; retrieve them via the Exa API.