
Brooks was drinking and fell asleep in the drive-through lane of a Wendy’s fast-food restaurant. After failing to wake Brooks, one of the employees called the police. Officer Devin Brosnan arrived at the Wendy’s, woke Brooks, and had him move his car to a parking space. Brosnan then called Officer Garrett Rolfe to administer sobriety field tests. During the wait for Rolfe, Brosnan and Brooks talked casually about how Brooks was feeling and how much he had had to drink. Brosnan wondered if Brooks could sleep it off in his car.
When Rolfe, the senior and more experienced officer, arrived, the casual conversation continued. But there was a subtle change in how the officers treated Brooks. Rolfe asked if Brooks had any weapons on him, and when Brooks said no, asked if he could pat him down. Brooks, at first reluctant, agreed that Rolfe could search him. Rolfe then asked Brooks to do several motor tasks and then asked Brooks if he would submit to a breathalyzer test. After first refusing, Brooks admitted that he had been drinking and complied. Rolfe administered the test and then said, “we think you have had too much to drink.” He grabbed Brooks’ arm and pulled it behind his back to handcuff him.