The trial court didn’t make specific findings that defendant consented to the taking of blood for a BAC test. So, the appellate court looks to the record and finds that the evidence supports a finding of consent and denial of the motion to suppress. O’Shields v. State, 2019 Ga. App. LEXIS 495 (Sept. 11, 2019).
Defendant’s CSLI claim was raised before Carpenter, and the Texas court decided the case on the state constitution but applied Fourth Amendment principles. SCOTUS GVR’ed this case and now it’s remanded back to the lower courts to decide the Fourth Amendment claim. The state constitutional claim is dismissed [as essentially moot]. Hankston v. State, 2019 Tex. Crim. App. LEXIS 859 (Sept. 11, 2019).
The court sides with the officer on the basis for the stop and doesn’t find the passengers, all relatives of the defendant, credible. The officer smelled marijuana, and that was a basis for continuing the stop. United States v. Turman, 2019 U.S. Dist. LEXIS 155181 (E.D. Mo. Sept. 11, 2019).*