This is a good thread and is very important for people to be aware of when contimplating the various issues at law surrounding the typical "traffic stop" and resulting criminal process that generally ensues.
Other tests to be aware of is "
Terry" and, most recently "
Hiibel". To be aware of these will let the prepared soon-to-be-defendant begin building his case right there on the side of the road.
Points:
At the side of the road, it is good to establish 3 things out loud.
1) Am I free to leave? (Mendenhall)
2) Identify yourself (Hiibel)
3) Fifth amendment reservation of right not to provide evidence against yourself in a criminal investigation. Refuse to answer any more questions without your assistance of counsel present. (Terry)
These three things will form an airtight case of false arrest or improper warrantless arrest. The state will not be able to wiggle out of it.
-BT