
    STATE OF FLORIDA v BLANCO
    Case No. 85-224 AC
    Eleventh Judicial Circuit, Appellate Division, Dade County
    January 26, 1987
    APPEARANCES OF COUNSEL
    Jim Smith, Attorney General, and Julie Thornton, Assistant Attorney General, for appellant.
    Bonnie Rippingille for appellee.
    Before KAYE, MASTOS, ROBINSON, JJ.
   OPINION OF THE COURT

PER CURIAM.

The traffic stop in this case, as testified to by the defendant, was no more coercive than the stop described in Berkemer v. McCarty, 468 U.S. 420, 104 S. Ct. 3138, 82 L. Ed. 2d 314 (1984). As such the defendant was not in custody during the initial questioning.

Roadside test are non-testimonial and not subject to Miranda requirements. State v. Villanueva, 7 Fla. Supp. 2d 101 (Cir. Ct. Dade 1984); State v. Arsenault, 336 A. 2d 244, 115 N.H. 109 (1975).

The County Court’s suppression of the pre-arrest statements and roadside tests were an error. The Order Granting Motion to Suppress and Exclude is reversed and the case is remanded to the trial court for further proceedings consistent with this opinion.  