State v. Mosley
321 Ga. App. 236
Ga. Ct. App.2013Background
- Georgia appeals from an order suppressing field-sobriety test results and subsequent statements obtained after Mosley’s DUI arrest following a night scene investigation.
- Deputies responded to a convenience-store dispute; Mosley’s vehicle appeared recently damaged and Mosley smelled of alcohol with staggers as approached by the deputy.
- Mosley initially refused to engage in field sobriety testing but later agreed after Deputies discussed testing near Mosley’s vehicle bumper.
- The first deputy questioned Mosley and conducted field-sobriety tests less than eight minutes into the encounter, leading to Mosley’s arrest for DUI less safe.
- Mosley moved to suppress arguing Miranda custody; the trial court granted the motion; the State appeals arguing Mosley was not in custody and Miranda warnings were not required at that stage.
- Appellate review held that, on undisputed video-facts, Mosley was not in custody for Miranda purposes; the evidence from the field sobriety tests was admissible and the suppression was reversed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Mosley in custody for Miranda purposes during the field-sobriety testing? | Mosley was in custody and thus required Miranda warnings before testing. | Detention was temporary and investigative, not custody requiring Miranda. | Not in custody; testing admissible |
| Did the trial court err by suppressing evidence based on a Miranda custody finding | Custody determination was correct and suppression appropriate. | Custody not established; suppression improper. | Trial court erred; reverse suppression |
Key Cases Cited
- Tolliver v. State, 273 Ga. 785 (Ga. 2001) (on-scene detentions do not trigger Miranda)
- Crider v. State, 319 Ga. App. 567 (Ga. App. 2013) (on-scene questioning and field tests; custody analysis)
- Berkemer v. McCarty, 468 U.S. 420 (U.S. 1984) (detention vs. custody in roadside encounters)
- Pastorini v. State, 222 Ga. App. 316 (Ga. App. 1996) (custody standard; temporary detention considerations)
- Price v. State, 269 Ga. 222 (Ga. 1998) (test for custody—whether detention is temporary)