Roadside field sobriety testing and then a PBT with probable cause is not a search under the Fourth Amendment. Vondrachek v. Comm’r of Pub. Safety, 2017 Minn. App. LEXIS 318 (Dec. 18, 2017).
The officer’s observations of defendant was independent justification for his stop, so his reserved question for appeal isn’t dispositive and the appeal is dismissed. State v. Catalano, 2017 Tenn. Crim. App. LEXIS 1037 (Dec. 18, 2017).*
Defendant was told several times he wasn’t under arrest and was always free to leave, so Miranda didn’t apply to him. United States v. Familetti, 2017 U.S. App. LEXIS 25730 (2d Cir. Dec. 20, 2017).*