Salt Lake City v. Carner

While I concur in the result reached by the majority opinion, I do because I do not believe that the performance of field sobriety tests is subject to any constitutional privilege. I do not agree with the majority opinion’s conclusion that “the defendant was not in custody, or otherwise significantly deprived of his freedom.” To the contrary, under the circumstances of this case, the defendant was “taken into custody or otherwise deprived of his freedom of action in [a] significant way.” Miranda v. Arizona, 384 U.S. 436, 444, 86 S.Ct. 1602, 1612, 16 L.Ed.2d 694 (1966).

The courts have…