The defense didn’t properly frame its argument under Birchfield about forced implied consent and thus didn’t preserve error. “We cannot conclude that the trial court erred in denying Appellant’s suppression motion that vaguely cited to Birchfield.” Commonwealth v. Smith, 2017 PA Super 416, 2017 Pa. Super. LEXIS 1108 (Dec. 28, 2017).
Defendant was tried on a 54 year old murder case. Defense counsel had a year to file a motion to suppress but didn’t do so until ten days before trial contending that he couldn’t be sure what the grounds for suppression would be. The trial court didn’t abuse it’s discretion in denying the motion as untimely. State v. Vail, 2017 La. App. LEXIS 2477 (La.App. 3 Cir. Dec. 28, 2017).