State of Florida v. Evelyn Barone

Summary

The Florida Fourth District Court of Appeal reverses an order suppressing field sobriety exercise evidence in a misdemeanor DUI prosecution. The court holds that reasonable suspicion, rather than probable cause or voluntary consent, is sufficient for law enforcement to detain a driver and request field sobriety exercises, although an officer may not physically compel cooperation.

Holdings

1. An officer needs only reasonable suspicion that a driver has committed DUI or another law violation to temporarily detain the driver and request that the driver perform field sobriety exercises; probable cause is not required.
2. The defendant's consent is irrelevant to whether a temporary investigative detention and request for field sobriety exercises are supported by reasonable suspicion; the State need not establish voluntary consent as an exception to the warrant requirement.
3. Suppression was improper because the officer had reasonable suspicion to detain Barone and request field sobriety exercises.

Questions Presented

1. Whether law enforcement may request and require a driver to perform field sobriety exercises based on reasonable suspicion of DUI, or whether probable cause is required.
2. Whether the driver's consent is relevant to the legality of the temporary investigative detention and request to perform field sobriety exercises.
3. Whether the trial court erred by suppressing the field sobriety exercise evidence.

Disposition

reversed_and_remanded