Legal Opinion
McAvoy v. State
Court of Appeals of Maryland
Decided January 18, 1989No. 85, September Term, 1987PublishedCited by 26 opinions
1Opinion of the Court
McAULIFFE, Judge.
Joseph Hooper MeAvoy raises two related but analytically separate questions concerning the necessity of giving Miranda advice of rights to one detained on suspicion of driving while intoxicated or under the influence. The first question is whether Miranda advice must be given before the suspect is asked to perform field sobriety tests. The second is whether such advice must be given to a suspect under arrest before that person is asked to submit to a chemical sobriety test. We shall answer each question in the negative in this case.
I
At 8:00 p.m. on 28 February 1984, Trooper…
2Cases cited29 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- United States v. WadeSupreme Court of the United States · 1967
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Rhode Island v. InnisSupreme Court of the United States · 1980
- Berkemer v. McCartySupreme Court of the United States · 1984
24 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State v. RuckerCourt of Appeals of Maryland · 2003
- Forman v. Motor Vehicle AdministrationCourt of Appeals of Maryland · 1993
- Hare v. Motor Vehicle AdministrationCourt of Appeals of Maryland · 1992
- Smith v. StateCourt of Special Appeals of Maryland · 2009
- Motor Vehicle Administration v. DelawterCourt of Appeals of Maryland · 2008
21 more not listed; retrieve them via the Exa API.