State v. Bernokeits
32 A.3d 1152
| N.J. Super. Ct. App. Div. | 2011Background
- Officer Moritz observed defendant’s car with tinted windows and loud exhaust and halted for those violations.
- Defendant produced credentials; smelled strong odor of alcohol on defendant’s breath and he admitted drinking a beer at Bamboo.
- Officer Moritz suspected intoxication based on odor, admission, and time (3:30 a.m.) and asked defendant to exit the vehicle for field sobriety testing.
- Defendant was arrested for DWI and charged with related violations after field sobriety testing.
- Municipal court denied suppression, relying on reasonable suspicion to extend the stop; Law Division affirmed; defendant appealed.
- Court holds that field sobriety testing is conduct of a roadside investigation justified by reasonable suspicion, not a full arrest requiring probable cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether field sobriety testing requires probable cause | Moritz had reasonable suspicion to detain | Probable cause required for testing | Testing permitted under reasonable suspicion standard |
Key Cases Cited
- Mimms v. United States, 434 U.S. 106 (U.S. 1977) (police may briefly detain after stop to investigate conditions related to traffic stop)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (reasonable suspicion standard for investigatory detentions)
- Whren v. United States, 517 U.S. 806 (U.S. 1996) (plain-vanilla traffic stop can lead to investigative detentions based on reasonable suspicion)
- Berkemer v. McCarty, 468 U.S. 420 (U.S. 1984) (field sobriety testing not the equivalent of formal arrest)
- Davis v. State, 104 N.J. 490 (N.J. 1986) (reasonableness determined by totality of circumstances; policing interests)
- State v. Citarella, 154 N.J. 272 (N.J. 1998) (reasonable, articulable facts support suspicions during detention)
- State v. Dickey, 152 N.J. 468 (N.J. 1998) (identify factors for whether stop becomes de facto arrest; duration and intrusiveness)
- State v. Adubato, 420 N.J. Super. 167 (N.J. Super. Ct. App. Div. 2011) (articulable suspicion to warrant field sobriety testing)
- State v. Moskal, 246 N.J. Super. 12 (N.J. Super. Ct. App. Div. 1991) (administration of field tests during suspected intoxication)