“Before announcing an arrest, the police should have called for backup. They dealt with him for 40+ minutes, there was plenty of time.”
Is it typical for cops to spend 40 min di*king around with a suspected drunk driver? First they ran him through all the standard subjective sobriety tests (which he failed), then FINALLY gave him a breathalyzer (which he also failed). If they started with the breathalyzer they could have been done in 15 min.
Initially there was only one officer there, getting Brooks out of the drive-through and into a parking spot and doing an interview, etc.
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That officer decided on a field sobriety test which requires another officer as a witness.
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Response time and doing the field test took time.
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Once Brooks failed all the sobriety tests and the officers chose to arrest, they should have called in backup.
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The suspect was drunk, not thinking clearly, going back to prison, yup, the likelihood for resistance was high, get backup.
The result of the field breathalyzer is not admissible in court.