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Karamychev v. Dist. of Columbia5/10/2001
c University, was in the other direction. Karamychev testified that he turned the vehicle around and that, shortly thereafter, he was stopped by the police. Karamychev asserted that, at Officer Williams' direction, he performed roadside sobriety tests; he believed that he had performed well on all of them. Officer Williams apparently thought otherwise, however, and Karamychev was arrested for DUI and taken to the police station. Karamychev denied that he refused to take the breathalyzer test. According to Karamychev, Officer Williams read the informed consent form to him far too rapidly. The officer refused Karamychev's request that he proceed more slowly, and Karamychev did not understand what his rights were. Karamychev admitted that he did not affirmatively agree to have the breathalyzer test administered to him.
The trial judge found Karamychev guilty as charged. The judge credited Officer Williams' testimony, and he expressly disbelieved Karamychev's evidence on two contested points. This appeal followed.
II.
Karamychev filed a pretrial motion to suppress, on Miranda grounds, his statements to the police, as well as what he characterized as his "non-verbal communications," i.e., his performance of the roadside sobriety tests. The trial judge suppressed Karamychev's oral statements, but he denied the motion with respect to the results of the roadside tests. On appeal, Karamychev claims that his "non-verbal communications" should have been suppressed because, at the time that the sobriety tests were administered to him, the police had not advised him of his constitutional rights.
Karamychev's claim of a Miranda violation fails for two discrete reasons. First, an individual who has been temporarily detained for a traffic stop generally is not considered to be "in custody" for purposes of Miranda. Berkemer v. McCarty, 468 U.S. 420, 440 (1984). In Pennsylvania v. Bruder, 488 U.S. 9, 9-11 (1988) (per curiam), the Court summarily held, on the authority of Berkemer, that a motorist's response to a direction that he recite the alphabet, as well as his performance on sobriety tests, were properly received in evidence. The Court indicated that the police officer had no obligation to advise the motorist, before administering the tests, of the motorist's rights pursuant to Miranda. We conclude that Berkemer and Bruder are controlling here, that Karamychev was not in custody, and that Miranda warnings therefore were not required.
Second, Karamychev's performance of the roadside sobriety tests was not testimonial, and Miranda, which is based on the Fifth Amendment privilege against self-incrimination, has no application. In Schmerber v. California, 384 U.S. 757, 764-65 (1966), the police directed a physician to take a blood sample from Schmerber's body in order to analyze Schmerber's blood for alcohol content. A report of the chemical analysis of the sample indicated that Schmerber was intoxicated. The report was received in evidence, and Schmerber was convicted of DUI. Schmerber claimed on appeal that the admission of the report compelled him to be a witness against himself, in violation of the Fifth Amendment. The Supreme Court rejected this contention, ruling that " ot even a shadow of testimonial compulsion upon or enforced communication by the accused was involved either in the extraction or in the chemical analysis," 384 U.S. at 765, and that Schmerber's "testimonial capacities were in no way implicated." Id.
In Pennsylvania v. Muniz, supra note 3, a police officer directed Inocencio Muniz to perform roadside sobriety tests identical to those utilized by Officer Williams in the present case. The officer did not advise Muniz of his rights under
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