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Try CasePortal for FreeJ. Powers finds the trial court erred by failing to suppress evidence of defendant’s refusals to perform field sobriety tests (FSTs). “Refusals to perform FSTs—like refusals to perform breath tests—may be admitted as evidence of guilt if the state proves that law enforcement’s requests to perform the tests could be understood only as a request to submit to the physical act, and not as a request that defendant provide constitutionally significant consent to the tests.” Reversed.
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