GA: Implied consent rejected in Georgia under McNeely; actual consent is required.

Implied consent rejected in Georgia under McNeely. Actual consent is required. “Nevertheless, sister states have considered statutory implied consent as an exception to the Fourth Amendment’s warrant requirement in the wake of McNeely, and have reached varying conclusions as to whether McNeely governs that issue; but, what the cases seem to indicate is that mere compliance with statutory implied consent requirements does not, per se, equate to actual, and therefore voluntary, consent on the part of the suspect so as to be an exception to the constitutional mandate of a warrant. See, e.g., People v. Harris, ___ Cal.Rptr.3d ___, 2015 WL 708606 (Cal.App. 4 Dist., 2015); Weems v. State, 434 S.W.3d 655 (Tex. App., 2014); State v. Padley, 354 Wis.2d 545 (849 NW2d 867) (Wis.App.,2014); State v. Moore, 354 Or. 493(318 P3d 1133) (Or.,2013); State v. Brooks, 838 N.W.2d 563 (Minn.,2013). See also, Cooper v. State, supra at 291 (VI).” Williams v. State, 2015 Ga. LEXIS 197 (March 27, 2015)

The trial court’s ruling that defendant’s statement which led to a search of defendant’s GPS device violated state statute didn’t decide whether the statement’s violated the constitution. They have different standards, and the case is remanded to consider the latter. State v. Chulpayev, 2015 Ga. LEXIS 193 (March 27, 2015).*