Commonwealth v. Blais

Having denied the defendant’s motion to suppress the results of standard roadside field sobriety tests, a District Court judge, in substance, reported the following questions to the Appeals Court pursuant to Mass. R. Crim. P. 34, 378 Mass. 905 (1979): (1) whether conducting such tests constitutes a search that may be undertaken only where there is probable cause to arrest; and (2) whether a person may be taken to have *295consented to such tests only if first specifically advised that he has a right to refuse to perform them.1 We transferred the case to this court on our own motion. We affirm the…