Is it legal for a highway patrolman to make someone exit a private residence to give them a field sobriety test?
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Is it legal for a highway patrolman to make someone exit a private residence to give them a field sobriety test?
The man was driving down the highway. The officer U-turned in the middle of the road and never turned his lights on. The man arrived at his destination and 2 minutes later the officer knocked on the door. The man was forced to exit and take a field sobriety test and subsequently was arrested. Is this legal?
Asked on April 23, 2012 under Criminal Law, Missouri
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written, if a police officer saw a person friving on the public street in such a manner to indicate that he or she was driving the vehicle while under the influence of alcohol or a controlled substance there was probable cause under the law to stop the person driving.
Just because the driver made it to his or her home and went inside before the police officer could stop the driver on the street to investigate whether or not a crime happened, the police officer was allowed under the law to knock on the door and request a field sobriety test. Since the test was failed, the driver of the car was then legally arrested for driving a motor vehicle under the influence of alcohol or a controlled substance.
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