McAVOY v. STATE

No. 85, September Term, 1987.

314 Md. 509 (1989)

551 A.2d 875

JOSEPH HOOPER McAVOY v. STATE OF MARYLAND.

Court of Appeals of Maryland.

January 18, 1989.


Attorney(s) appearing for the Case

Thomas A. Garland, Columbia, for appellant.

Ann E. Singleton, Asst. Atty. Gen. (J. Joseph Curran, Jr., Atty. Gen., on the brief), Baltimore, for appellee.

Argued before MURPHY, C.J., and ELDRIDGE, COLE, RODOWSKY, McAULIFFE, ADKINS and BLACKWELL, JJ.


McAULIFFE, Judge.

Joseph Hooper McAvoy raises two related but analytically separate questions concerning the necessity of giving Miranda advice of rights to one detained on suspicion of driving while intoxicated or under the influence. The first question is whether Miranda advice must be given before the suspect is asked to perform field sobriety tests. The second is whether such advice must be given to a suspect under arrest before that person is asked...

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