State v. Smith

Terry, J.:

Two contentions are asserted under the defendant’s motion to suppress. Under the first contention he suggests that if a person, such as himself in the present case, is taken into custody and, thereafter, detained under the provisions of the Uniform Arrest Act, supra, and during the first two hours of his detention, thereunder, submits voluntarily to a sobriety test, but is not arrested and charged with crime or released by the detaining officer at the expiration of two hours from the commence ment of his detention, then such neglect or default on the part of the detaining officer…