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Commonwealth v. Cameron2/4/1998
a reasonable number of questions and requested her to perform three field sobriety tests at a place visible to traveling motorists. This type of treatment "cannot fairly be characterized as the functional equivalent of formal arrest." Berkemer v. McCarty, 468 U.S. at 442.
Accordingly, the defendant was not taken into custody for purposes of Miranda until Officer Pickard placed her under arrest. Consequently, the defendant's statements and the sobriety tests are admissible against her.
Order allowing motion to suppress reversed.
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