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Motion to Suppress a Confession or Admission Illegally Obtained

On Motion of the Defendant or on it's own Motion, the court shall suppress any confession or admission obtained illegally from the Defendant.

Every Motion made by a Defendant to suppress a confession or admission shall identify with particularity any statement sought to be suppressed, the reasons for suppression, and a general statement of the facts on which the Motion is based.

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    During a DUI investigation, there are times when an individual is transported from one area to another area to do Field Sobriety Exercises.

    The issue of whether the questions asked during the Field Sobriety Exercises were during an investigatory stop or a custodial investigation involves whether there was a de facto arrest upon transporting the Defendant to a safer location.

    Many of the courts have ruled that an individual who is transported to another location for Field Sobriety Exercises, is in custody. A reasonable person would certainly believe he or she is not free to leave when placed in a patrol car and transported to another location.

    If the officer ask any questions of the individual after the transportation of the individual, a Motion to Suppress these statements may be filed.

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