On January 13, 2017, I, Officer LESSANE, with the city of Beaufort Police Department was patrolling the area of Boundary Street in my marked patrol vehicle. I was on US 21 traveling North when I observed a pickup truck passed me running off the roadway into a side walk. I initialed my blue light to conduct a lawful traffic stop. The vehicle came to a stop at the intersection of Boundary and Harrington Street. The vehicle was bearing a South Carolina license plate; 3083KG registered to CHARLES SUTTLE with an address of 1 Rivers Hill Road out of Beaufort, South Carolina.
I approached the vehicle from the driver side to make contact with the driver. After making contact, the driver of the vehicle was identified as CHARLES SUTTLE. SUTTLE was in
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As I spoke to SUTTLE up close I observed slurred speech, bloodshot eyes and SUTTLE having difficulty maintaining his balance.
Pre-arrest screening:
SGT. GOETHIE asked SUTTLE to walk in front of my patrol vehicle to conduct a series of field sobriety tests to see if he was impaired to be operating his vehicle. Once in front of my patrol vehicle SGT. GOETHIS asked SUTTLE his highest level of education, SUTTLE stated “a GED”. SGT. GOETHIE then asked if he had any physical impairments which would hinder him from completing any tests, SUTTLE stated “no”.
I asked SUTTLE to say his Alphabet starting with the letter B stopping at the letter M. SUTTLE then said the alphabet in which he did not follow the instructions I advised him to do. He stated the alphabet in which he missed a few letters and he continued to say the alphabet until he got to the final letter. He was given several chances to follow the instructions given, in which he failed each attempt.
Officer's notes:
I noticed he missed several letters out of the alphabet.
I noticed he was couldn't say the alphabet in the order he was given.
I noticed he could retrain the instructions as
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SUTTLE was placed under arrest for driving under the influence 1st (56-5-2930) and booked in under UTT (5102P0402386) with a Municipal Court date set for 01/23/1017 at 1500 hours. SGT. GOETHIE read SUTTLE his Miranda Rights on camera and SUTTLE stated he understood. I searched SUTTLE incident to arrest and transported SUTTLE to the Beaufort County Detention Center and escorted SUTTLE into the Data Master room to offer a breath sample. CPL. WHITNEY who is certified by the State of South Carolina Law Enforcement Division conducted the data master test.
Once inside the data master room CPL. WHITNEY read SUTTLE his implied consent rights. CPL. WHITNEY then asked SUTTLE if he understood and he replied yes. SUTTLE decided to give a breath sample which yielded a BAC of .10. SUTTLE was then booked into the Beaufort County Detention Center. SUTTLE provided all signatures on all necessary paperwork and his copies were given to the Detention Center to be placed into his
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In 2013, the Court accepted certiorari on two very significant cases that wrestled with significant Fourth Amendment issues. In Missouri v. McNeely, the respondent, McNeely, was pulled over on suspicion of driving-while-impaired after the officer witnessed him driving erratically. McNeely failed other field sobriety tests, and then refused to provide a breath sample for a preliminary breath test. The officer placed McNeely under arrest, and began to transport him back to the station. Once McNeely informed the officer that he would again refuse to provide a breath sample at the station, the officer diverted McNeely to a hospital to obtain a sample of McNeely’s blood. At the hospital, the officer read the informed-consent advisory to McNeely, and informed him that test-refusal would result in license revocation and could be used as evidence in a subsequent prosecution. McNeely still refused to consent to any testing. The officer directed a hospital technician to take a blood sample anyways, that revealed that McNeely’s blood alcohol concentration was almost twice the legal limit.
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This paper will go through the first arrest that a new police officer did while responding to a house break in. It will show what a FTL would say to the new officer on how they did with the situation after the arrest. We will identify four issues during the arrest that related to the Miranda Laws. Then, we will try and relate these issues to a historical case. Later, we will carefully analysis the situation and see if we could resolve the issues or not. We will then go over how these issues could have been prevent from happening.
Once Bryan pulled his vehicle over to the curb, he shifted his car to park and stepped out of the vehicle, remaining at an approximate distance of twenty to twenty-five from Officer McPherson (Wu, 2010). At this point Bryan continued to shout obscenities while punching himself in the thighs (Wu, 2010). Officer McPherson stated he provided verbal commands to Bryan to remain where he was, but Bryan took a step toward Officer McPherson causing Officer McPherson to deploy his Taser without warning (Wu, 2010). Additionally, there is speculation pertaining to Officer McPherson’s use of verbal commands, and Bryan’s body position, before the Taser was deployed (Wu, 2010). The Taser strike caused Bryan to fall face first to the ground, which resulted in four fractured teeth (Wu, 2010). Bryan was arrested after the incident, and at the conclusion of a jury trial all charges against Bryan were dismissed (Wu, 2010). Due to the facts and circumstances of the let us examine the Ninth Circuit Courts finding pertaining to
These considerations are: the age of the defendant, the level of education and intelligence, previous experience with the police, the nature of the questioning, the length of the detention before a statement was given, advice to the suspect of their constitutional rights, the length and reasonableness of a delay before appearing before a magistrate, altered mental state due to intoxication or poor health, the withholding of food, water, or health care; abuse, and the threat of abuse State v. Climer, 400 S.W.3d 537, 2013 Tenn. LEXIS 354, 2013 WL 1694804 (Tenn. 2013), State v. Echols, 382 S.W.3d 266, 2012 Tenn. LEXIS 738 (Tenn. 2012), State v. Blackstock, 19 S.W.3d 200, 2000 Tenn. LEXIS 168 (Tenn. 2000). In addition to the aforementioned considerations, their level of functioning, reading skills, writing skills, demeanor, possible malingering, and responsiveness to interrogation are considered. Additionally, the language and manner used when presenting Miranda rights must also be taken into consideration State v. Blackstock, 19 S.W.3d 200, 2000 Tenn. LEXIS 168 (Tenn.
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