Post details: WA: Implied consent statute did not prohibit a SW on refusal of a breath test

09/14/09

Permalink 07:45:04 am, by fourth, 336 words, 189 views   English (US)
Categories: General

WA: Implied consent statute did not prohibit a SW on refusal of a breath test

The implied consent statute did not prevent the officer from getting a search warrant for BAC when the defendant refused a blood test. City of Seattle v. St. John, 166 Wn.2d 941, 215 P.3d 194 (2009).*

Smell of marijuana after officer approached defendant's car was RS. State v. Arrington, 2009 Ohio 4721, 2009 Ohio App. LEXIS 3993 (8th Dist. September 10, 2009).*

There was no reasonable suspicion for a search of the passenger in a car that was stopped for going the wrong way on a one-way street. State v. Morrison, 2009 Ohio 4724, 2009 Ohio App. LEXIS 3997 (8th Dist. September 10, 2009).*

The trial court erred in granting a motion to suppress a search as lacking probable cause, but on remand, the trial court has to consider numerous factual errors that were not resolved the first time around that might undermine PC. State v. Kiraly, 2009 Ohio 4714, 2009 Ohio App. LEXIS 3986 (8th Dist. September 10, 2009).*

The officer did not stop the defendant when he approached the defendant who was parked at a gas pump. The officer was parked on the street and had no lights on when he came up to the defendant. Powell v. State, 2009 Ind. App. LEXIS 1483 (September 8, 2009).*

Defendant's weaving in traffic for about a half mile justified his stop. Potter v. State, 912 N.E.2d 905 (Ind. App. 2009).*

Defense counsel had no reason to file a motion to suppress, so he could not be ineffective. Allen v. State, 2009 Tenn. Crim. App. LEXIS 754 (September 9, 2009).*

The officer had reasonable suspicion to continue defendant's stop because of nervousness, a third party car rental, and other factors suggesting they were transporting drugs. Parker v. State, 2009 Tex. App. LEXIS 7122 (Tex. App. — Eastland September 10, 2009).*

Probation officer conducting a home visit had reasonable suspicion to make the home visit intensive, and he lawfully searched under the bed and in a refrigerator. United States v. Cofer, 2009 U.S. Dist. LEXIS 82141 (S.D. Ohio August 26, 2009).*

Defendant made a preliminary showing for a Franks hearing because, if the information was removed from the affidavit, probable cause was lacking. United States v. Laich, 2009 U.S. Dist. LEXIS 82365 (E.D. Mich. September 10, 2009).*

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"A system of law that not only makes certain conduct criminal, but also lays down rules for the conduct of the authorities, often becomes complex in its application to individual cases, and will from time to time produce imperfect results, especially if one's attention is confined to the particular case at bar. Some criminals do go free because of the necessity of keeping government and its servants in their place. That is one of the costs of having and enforcing a Bill of Rights. This country is built on the assumption that the cost is worth paying, and that in the long run we are all both freer and safer if the Constitution is strictly enforced."
Williams v. Nix, 700 F. 2d 1164, 1173 (8th Cir. 1983) (Richard Sheppard Arnold, J.), rev'd Nix v. Williams, 467 US. 431 (1984).

"There have been powerful hydraulic pressures throughout our history that bear heavily on the Court to water down constitutional guarantees and give the police the upper hand. That hydraulic pressure has probably never been greater than it is today."
Terry v. Ohio, 392 U.S. 1, 39 (1968) (Douglas, J., dissenting).

"The great end, for which men entered into society, was to secure their property."
Entick v. Carrington, 19 How.St.Tr. 1029, 1066, 95 Eng. Rep. 807 (C.P. 1765)

"It is a fair summary of history to say that the safeguards of liberty have frequently been forged in controversies involving not very nice people. And so, while we are concerned here with a shabby defrauder, we must deal with his case in the context of what are really the great themes expressed by the Fourth Amendment."
United States v. Rabinowitz, 339 U.S. 56, 69 (1950) (Frankfurter, J., dissenting)

"The course of true law pertaining to searches and seizures, as enunciated here, has not–to put it mildly–run smooth."
Chapman v. United States, 365 U.S. 610, 618 (1961) (Frankfurter, J., concurring).

"A search is a search, even if it happens to disclose nothing but the bottom of a turntable."
Arizona v. Hicks, 480 U.S. 321, 325 (1987)

"For the Fourth Amendment protects people, not places. What a person knowingly exposes to the public, even in his own home or office, is not a subject of Fourth Amendment protection. ... But what he seeks to preserve as private, even in an area accessible to the public, may be constitutionally protected."
Katz v. United States, 389 U.S. 347, 351 (1967)

“Experience should teach us to be most on guard to protect liberty when the Government’s purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”
United States v. Olmstead, 277 U.S. 438, 479 (1925) (Brandeis, J., dissenting)

“Liberty—the freedom from unwarranted intrusion by government—is as easily lost through insistent nibbles by government officials who seek to do their jobs too well as by those whose purpose it is to oppress; the piranha can be as deadly as the shark.”
United States v. $124,570, 873 F.2d 1240, 1246 (9th Cir. 1989)

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"In Germany, they first came for the communists, and I didn't speak up because I wasn't a communist. Then they came for the Jews, and I didn't speak up because I wasn't a Jew. Then they came for the trade unionists, and I didn't speak up because I wasn't a trade unionist. Then they came for the Catholics and I didn't speak up because I wasn't a Catholic. Then they came for me–and by that time there was nobody left to speak up."
Martin Niemöller (1945) [he served seven years in a concentration camp]

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Pepé LePew

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"The point of the Fourth Amendment, which often is not grasped by zealous officers, is not that it denies law enforcement the support of the usual inferences which reasonable men draw from evidence. Its protection consists in requiring that those inferences be drawn by a neutral and detached magistrate instead of being judged by the officer engaged in the often competitive enterprise of ferreting out crime."
Johnson v. United States, 333 U.S. 10, 13-14 (1948)

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