Driver’s initial encounter with the Trooper did not escalate into a custodial arrest.
Docket Number: 1439471 , Decision Date: July 21, 2014
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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.