State v. Won

Defendant was stopped by police officers while driving his vehicle and was subsequently arrested for operating his vehicle under the influence of an intoxicant. Defendant was asked to submit to a test for the purpose of determining alcohol concentration. The police informed Defendant of his right to refuse to consent to a bodily search but told him if he exercised that right, his refusal to consent would result in a potential thirty-day term of imprisonment. The intermediate court of appeals upheld Defendant’s blood alcohol concentration (BAC) test and the statutory scheme imposing sanctions for withdrawing consent. Defendant appealed, arguing that the BAC evidence in this case was obtained in an unconstitutional manner and should have been suppressed. The Supreme Court reversed, holding that the result of Defendant’s breath test, the product of a warrantless search, was not admissible into evidence because voluntary consent was not demonstrated, and no other exception to the warrant requirement was applicable. View "State v. Won" on Justia Law