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COMMONWEALTH v. GERHARDT

SJC-11967.

477 Mass. 775 (2017)

COMMONWEALTH v. THOMAS J. GERHARDT.

Supreme Judicial Court of Massachusetts, Worcester.

September 19, 2017.

Attorney(s) appearing for the Case

Rebecca A. Jacobstein, Committee for Public Counsel Services, for the defendant.

Michelle R. King, Assistant District Attorney, for the Commonwealth.

Steven S. Epstein & Marvin Cable, for National Organization for the Reform of Marijuana Laws, amicus curiae, submitted a brief.

Michael A. Delsignore & Julie Gaudreau, for National College for DUI Defense, amicus curiae, submitted a brief.

Present: GANTS, C.J., LENK, HINES, GAZIANO, LOWY, & BUDD, JJ.

In this case we are asked to consider the admissibility of field sobriety tests (FSTs) where a police officer suspects that a driver has been operating while under the influence of marijuana. Police typically administer three FSTs — the "horizontal gaze nystagmus test," the "walk and turn test" and the "one leg stand test" —...

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