Defendant did not freely and voluntarily give his actual consent because he was pulled over by police officers, ordered out of his car at gun point, read the implied consent form, and informed that officers would hold him down and take a sample of his blood by force if he refused to consent to the blood draw. The state implied consent law did not satisfy the consent exception. The officers, however, obtained defendant’s blood sample in objective reasonable good-faith reliance on binding precedent at the time. Therefore, the exclusionary rule did not apply under Davis. State v. Carter, 2017 Tenn. Crim. App. LEXIS 246 (April 5, 2017).
The officer had probable cause to believe that defendant had just completed a drug transaction and left a bar with drugs for sale when he stopped and searched him. Lamb v. Commonwealth, 2017 Ky. LEXIS 92 (Feb. 16, 2017).*