Pedersen v. State
337 Ga. App. 159
Ga. Ct. App.2016Background
- DNR officer stopped Pedersen’s pontoon at night for improper lighting and boarded for a safety inspection.
- Officer smelled alcohol, observed red eyes, slurred speech, and poor balance; Pedersen admitted drinking two beverages earlier.
- Officer asked Pedersen to put on a life vest and step onto the officer’s boat to perform field-sobriety tests (HGN, reciting alphabet, counting, finger dexterity).
- Tests showed impairment; a portable alco-sensor tested positive and the officer then arrested Pedersen and read implied-consent warnings; Pedersen refused the state breath test.
- Pedersen moved to suppress the field-sobriety-test results, arguing he was in custody for Miranda purposes when the tests were administered; the trial court denied the motion and a jury convicted him of BUI (less safe) and three counts of endangering a child.
Issues
| Issue | Pedersen's Argument | State's Argument | Held |
|---|---|---|---|
| Whether Pedersen was "in custody" (Miranda) during field-sobriety tests | He was effectively in custody because he was not allowed to leave the officer’s boat and was subjected to intrusive testing without Miranda warnings | The encounter was a temporary investigative detention; a reasonable person would view it as investigative, not custodial | Court held not custodial; Miranda not required before FSTs |
| Admissibility of field-sobriety-test results | Results should be suppressed as compelled statements/evidence obtained without Miranda | FSTs during investigative stop are routine and admissible absent formal arrest or words/acts communicating arrest | Court admitted FST results; no Miranda violation |
| Authority to stop and board vessel | Not disputed by Pedersen as a basis to challenge FSTs | DNR has statutory authority to board and inspect vessels for safety/lighting violations | Court relied on DNR authority to stop and inspect as lawful basis for detention |
Key Cases Cited
- Miranda v. Arizona, 384 U.S. 436 (1966) (establishes custodial interrogation Miranda warnings rule)
- Tolliver v. State, 273 Ga. 785 (2001) (on-scene investigatory detentions do not trigger Miranda)
- Peruzzi v. State, 275 Ga. 333 (2001) (DNR rangers may board vessels for inspections; statute authorizes warrantless stops)
- Mosley v. State, 321 Ga. App. 236 (2013) (field-sobriety tests during investigatory detention not custodial when officer denies arrest and takes no overt arrest steps)
- Crider v. State, 319 Ga. App. 567 (2013) (same principle regarding noncustodial FSTs)
- Hughes v. State, 296 Ga. 744 (2015) (articulates standards for appellate review of suppression hearing findings)