WA: Breath test was valid as search incident

A breath test conducted under the implied consent law is a valid search incident to arrest. The state constitution does not impose a higher standard. State v. Nelson, 2019 Wash. App. LEXIS 354 (Feb. 14, 2019).

Defendant didn’t raise a CSLI issue in the District Court and thus waived it. Even so, the good faith exception would permit the government to use it at trial. United States v. Adkinson, 2019 U.S. App. LEXIS 4508 (7th Cir. Feb. 14, 2019).*

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