Does a police officer advising a defendant of the police policy and procedure and procedure to release their breathalyzer test results constitute psychological police coercion sufficient to exclude the test?
"New York", United States of America
The following excerpt is from People v. Stone, 128 Misc.2d 1009, 491 N.Y.S.2d 921 (N.Y. City Ct. 1985):
Accordingly, contrary to People v. Harrington, 111 Misc.2d 648, 444 N.Y.S.2d 848 (1981), this court finds that the police officer's advising defendant of the police policy and procedure of custody, arraignment and bail, coupled with defendant's expressed fear of jail does constitute psychological police coercion sufficient to exclude the breathalyzer test results.
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