Arkansas’s refusal to submit to a BAC test has criminal penalties, and it violates the Fourth Amendment. The trial court’s finding of voluntary consent was decided without an evidentiary hearing and is clearly erroneous. The state’s failure to get a ruling on application of the good faith exception in the trial court precluded that argument on appeal. Dortch v. State, 2018 Ark. 135, 2018 Ark. LEXIS 98 (Apr. 26, 2018).
Defendant borrowed a car and didn’t timely return it. When the car was found, he was told to get his stuff from it, and it appeared to be parts of a meth lab. This was reported to the police. They knew that defendant was involved in meth from before. The citizen informant’s story coupled with the state’s knowledge was probable cause, and nexus for the house was shown. State v. Risner, 2018-Ohio-1569, 2018 Ohio App. LEXIS 1710 (12th Dist. Apr. 23, 2018).*