TN: “The statutorily created implied consent satisfies the consent exception to the Fourth Amendment’s warrant requirement.”

“The statutorily created implied consent satisfies the consent exception to the Fourth Amendment’s warrant requirement.” “Recently, this Court has held that ‘consent occurs at the point that a driver undertakes the privilege of operating a motor vehicle in the State of Tennessee, not at the point the implied consent form is read.’” “‘Additionally, this Court has recently held that a defendant’s consent is not “rendered involuntary by the threat of a mandatory blood draw.’” State v. Smith, 2015 Tenn. Crim. App. LEXIS 1007 (Dec. 15, 2015) (dissent).*

The affidavit for the search warrant showed probable cause. United States v. McKinney, 2015 U.S. Dist. LEXIS 168800 (N.D.Ohio Dec. 17, 2015).*

Fact questions abound in whether the stop of plaintiff was justified thereby precluding summary judgment. Thompson v. City of New York, 2015 N.Y. Misc. LEXIS 4567, 2015 NY Slip Op 25419 (Bronx Co. Dec. 15, 2015).*