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Pedersen v. State

The defendant was not in custody for purposes of Miranda when an officer conducted field sobriety tests based on his suspicion that the defendant was operating a boat while intoxicated, and the trial court thus did not err in denying the defendant's motion to suppress the results of the field sobriety tests on the basis of a Miranda violation.

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Following trial, a jury convicted Erick Pedersen on one count of operating a moving vessel under the influence of alcohol to the extent that it was less safe for him to do so boating under the influence or BUI and three counts of endangering a child by operating a moving vessel under the influence of alcohol. On appeal, Pedersen contends that the trial court erred in denying his motion to suppress the results of the field-sobriety tests, specifically arguing that he was in custody when the tests were conducted for purposes of Miranda v. Arizona1 and was not advised of his right against self-incrimination.2 For the reasons set forth infra, we affirm.

Viewed in the light most favorable to the jury’s verdict,3 the evidence shows that on May 5, 2012, an officer with the Georgia Department of Natural Resources DNR was patrolling Lake Lanier well after sunset, when he observed a pontoon boat operating with its docking lights improperly illuminated such that its navigation lights were not clearly visible to other vessels.4 Consequently, the DNR officer maneuvered his boat toward the pontoon boat and ordered its operator, Pedersen, to stop so that he could discuss the violation with him and conduct a brief safety inspection. Upon boarding Pedersen’s boat, the officer observed that, in addition to Pedersen, there were several other passengers, including three children. And in

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