PA: Refusal to submit to a test is admissible under Birchfield

“[W]e conclude the ‘evidentiary consequence’ provided by Section 1547(e) for refusing to submit to a warrantless blood test — the admission of that refusal at a subsequent trial for DUI — remains constitutionally permissible post-Birchfield. We therefore affirm the order of the Superior Court.” Commonwealth v. Bell, 2019 Pa. LEXIS 3842 (July 17, 2019).

The stop was concededly valid. “[T]he record reflects that the canine sniff did not, in fact, measurably prolong the traffic stop but instead was conducted within the time reasonably required to complete the stop’s mission.” Tinker v. State, 2019 Ind. App. LEXIS 321 (July 16, 2019).*