Driver’s initial encounter with the Trooper did not escalate into a custodial arrest.

Topic: DUI, Decided by Judge Malihi 
Docket Number: 1439471 , Decision Date: 2014-07-21 
Attachment: Click here to download the decision. 

The Trooper’s statement that he observed indicia of intoxication did not elevate the police-citizen encounter to a third-tier custodial arrest.  Rather, the Trooper’s statement amounted to an explanation of his request for field sobriety tests.  The statements certainly did not constitute a formal arrest.  Moreover, they would not place an ordinary person in like circumstances under a reasonable belief that their detention would not be temporary.  A mere explanatory statement by a law enforcement officer falls far short of the generally-recognized hallmarks of custodial arrest.