Question
Assignment Instructions (after the Facts have been provided): Draft a legal analysis paragraph for the question/story presented. Focus on finding case law from the appropriate
Assignment Instructions (after the "Facts" have been provided): Draft a legal analysis paragraph for the question/story presented. Focus on finding case law from the appropriate jurisdiction.Concluding sentence: Therefore, based on [case], the [evidence] will most likely be [admissible or not admissible]
Berkemer, Sheriff of Franklin County v. McCarty
Dan Slater was pulled over in Miami Dade County for swerving, asked to exit the vehicle, and given a field sobriety test. The officer concluded that Slater was intoxicated, read hisMirandarights, handcuffed him, and transported him to the local jail. Slater claims he was in custody when asked to exit the vehicle, so any evidence obtained prior to having hisMirandarights read to him would be inadmissible. What is the most likely outcome of Slater's motion to have the field sobriety test found inadmissible?
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