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Hey guys, it's Anthony Bandiero. Here, attorney and legal instructor for Blue to gold law enforcement training, bring it to the roadside chat from the studio. All right. Let's start here. So the question comes from an officer in Illinois. And she's she asks, Can you transport a DUI suspect somewhere else? For field sobriety tests? And I have your answer. The answer is, if you do not have consent, and you just do it, and you order the person to go somewhere else, and you drive them somewhere else, that is going to likely be considered an arrest. Now, if it's an arrest, okay, the first question is, is do you have probable cause? If you move this person, you have probable cause, then it's not an invalid arrest. It's called a de facto arrest and arrest in fact, but then the next issue is going to come up for you is Miranda issues? Because if you did arrest them, because most courts will believe that involuntary transportation equals in arrest, because most people think that they're have been formally arrested. Now, if you bring them let's say, to the station house, because it's snowing outside, and you start asking questions, again, about, okay, confirm how much you had to drink? Well, I know I told you to, but really, it was four. And all these other things in any other testimonial type answers will likely be suppressed unless you have Miranda, but most cops are not reading Miranda, while they're doing field interviews, and so forth. And so that's the answer. Now, the way around this is to seek the person's consent. If you have a good reason, let's say that it's snowing out, and you don't want to or you're on an incline decline. It's not. There's no flat surface and area to do field sobriety tests. So you want to ask them, Hey, do you want to go to the station? Or do you want to go to the firehouse and on a flat surface and have a better opportunity to perform these tests satisfactory? Do you want to do that? And if they say, yes, then argue that, you know, articulate that the person gave you free and voluntary consent to move the traffic stop, essentially, to the fire station or the police department. But if they say, No, they do not want to move, then, basically, I would treat that as a refusal to do the tests and go from there. And the question would be okay, if you can't do the test on the location where you're at, then I would try to figure out what matter had probable cause? If you have probable cause, then if it was me, I'll just make the arrest and go from there. If I don't have probable cause, then I'm at to look, look at some other options. Right. But that's the deal here. So there's not a lot of cases on this issue. I'm actually surprised because I think it happens more often than not,  then we talk about that cops are basically, you know, moving people around and driving them. No, we're not. And remember we're talking about, we're not talking about, you know, stopping somebody in you know, on the on the side of the street, and there's a parking lot, you know, 100 feet over there and moving the investigation over to that parking lot. That's not what we're talking about here. We're talking about essentially putting people in your police car and drive them to a new location. And the courts will likely say that that isn't arrest. If you don't have probable cause, you have the fruit of the poisonous tree. If you do have probable cause, then you should be fine. But you're going to have Miranda issues. If you issue Miranda, there's your answer. I hope it helps. Keep the questions coming. Now, if you want me to keep doing these, right, because these take a lot of my time, but I like doing them and I want to help cops. I'm gonna ask you a favor, hit like or comment that lets YouTube know I'm doing a good job and they'll share the videos with other people. Hit subscribe. Let's get 10s of 1000s of cops on this and share with your friends. Let's educate cops. Let's do constitutional policing the right way. Guys, that's all I have for you. Until next time, keep doing a great job that you are doing. And thank you.
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