GA: Def not compelled to perform breath tests, so no self-incrimination issue

Defendant was not compelled to perform breath tests, so the Fifth Amendment’s self-incrimination clause did not apply. State v. Council, 2017 Ga. App. LEXIS 531 (Oct. 30, 2017).*

In a Franks challenge, “The Court is tasked with reassessing the probable cause in the affidavit, substituting the facts as disclosed in Luna’s testimony for the misleading statements in the affidavit, and supplementing the affidavit with facts that were omitted. See Rajaratnam, 719 F.3d at 146 (citations omitted). In doing so, the Court finds that, had all of the relevant facts been included accurately in the affidavit, the affidavit would have supported a finding of probable cause.” United States v. Marley, 2017 U.S. Dist. LEXIS 180360 (S.D. N.Y. Oct. 31, 2017).*

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