WA: Breath for BAC is not subject to search incident doctrine

Defendant was arrested for another reason, and police did a search incident of his breath for DUI. That’s not a proper purpose. City of Vancouver v. Kaufman, 2019 Wash. App. LEXIS 2616 (Oct. 15, 2019).

The search warrant appears based on probable cause, and defendant bears the burden of showing that it’s not, which she didn’t do. “For these reasons, Yang has failed to cast even minimal doubt on the warrant, and her Motion to Suppress is therefore denied.” United States v. Yang, 2019 U.S. Dist. LEXIS 178209 (D.Colo. Oct. 8, 2019).*

A reasonable person in defendant’s position would believe he was seized, but there was reasonable suspicion for the encounter between defendant and the police. United States v. Mollohan, 2019 U.S. Dist. LEXIS 178206 (S.D. W.Va. Oct. 15, 2019).*

This entry was posted in Burden of proof, Drug or alcohol testing, Search incident, Seizure. Bookmark the permalink.

Comments are closed.