State v. Pastorini

Although I concur with Division 2, because I believe that the trial judge did not, under the facts of this case, make clearly erroneous factual or legal conclusions concerning whether Pastorini was “in custody,” I must respectfully dissent as to Division 1.

Pastorini filed a motion in limine to exclude evidence of the field sobriety tests administered to him. The same appellate rules apply to our review of both a motion in limine and a motion to suppress. State v. Leviner, 213 Ga. App. 99 (1) (443 SE2d 688) (1994), quoting Baldwin v. State, 263 Ga. 524, 525 (1) (435 SE2d 926) (1993).…