NE: Birchfield was decided day after def’s DUI conviction; GFE applies

Defendant was convicted of DUI the day before Birchfield was decided, and he moved for a new trial. The trial court denied the motion, and he appeals. The good faith exception applies to that which happened before Birchfield (without even citing Davis). State v. Hoerle, 297 Neb. 840, 2017 Neb. LEXIS 172 (Sept. 22, 2017).

Police received a call from a fire station that defendant was “all over the road.” When they found him, they observed a traffic violation and stopped him. There was justification for the stop. State v. Jasa, 297 Neb. 822, 2017 Neb. LEXIS 174 (Sept. 22, 2017).*

This entry was posted in Drug or alcohol testing, Good faith exception. Bookmark the permalink.

Comments are closed.