{"id":10558,"date":"2014-03-20T16:02:45","date_gmt":"2014-03-18T07:33:42","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2014-03-18T07:33:42","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=10558","title":{"rendered":"MN: Refusal under implied consent law doesn’t violate Fourth Amendment"},"content":{"rendered":"

\u201cWilliam Bernard was arrested for suspected drunk driving and refused to take a breath test requested by police under the state’s implied consent law. The state charged Bernard with the crime of test refusal. The district court dismissed the charge, reasoning that the Constitution prohibits the state from criminalizing refusal to submit to a search that could not be compelled without a warrant. We reverse because the state may prosecute a suspected drunk driver for test refusal under the implied consent law when the requesting officer had other lawful means to obtain a nonconsensual test.\u201d State v. Bernard<\/a>, 2014 Minn. App. LEXIS 27 (March 17, 2014).<\/p>\n

Going into defendant\u2019s open garage to knock on the inside door was reasonable because the officer was investigating defendant\u2019s overturned car. Defendant was found allegedly intoxicated in the house. The trial court opined that there was no evidence to convict defendant of driving the car at the time, but that wasn\u2019t a part of the suppression order. Reversed. State v. Harris, 2014 Ala. Crim. App. LEXIS 13 (March 14, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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