{"id":32836,"date":"2018-04-28T09:08:33","date_gmt":"2018-04-28T14:08:33","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=32836"},"modified":"2018-04-28T09:08:33","modified_gmt":"2018-04-28T14:08:33","slug":"ar-states-failure-to-get-ruling-on-gfe-below-bars-that-argument-on-appeal-statute-on-bac-penalties-violates-birchfield","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=32836","title":{"rendered":"AR: State&#8217;s failure to get ruling on GFE below bars that argument on appeal; statute on BAC penalties violates <em>Birchfield<\/em>"},"content":{"rendered":"<p>Arkansas\u2019s refusal to submit to a BAC test has criminal penalties, and it violates the Fourth Amendment. The trial court\u2019s finding of voluntary consent was decided without an evidentiary hearing and is clearly erroneous. The state\u2019s failure to get a ruling on application of the good faith exception in the trial court precluded that argument on appeal. <a href=\"https:\/\/opinions.arcourts.gov\/ark\/supremecourt\/en\/item\/309305\/index.do\">Dortch v. State<\/a>, 2018 Ark. 135, 2018 Ark. LEXIS 98 (Apr. 26, 2018).<\/p>\n<p>Defendant borrowed a car and didn\u2019t timely return it. When the car was found, he was told to get his stuff from it, and it appeared to be parts of a meth lab. This was reported to the police. They knew that defendant was involved in meth from before. The citizen informant\u2019s story coupled with the state\u2019s knowledge was probable cause, and nexus for the house was shown. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/12\/2018\/2018-Ohio-1569.pdf\">State v. Risner<\/a>, 2018-Ohio-1569, 2018 Ohio App. LEXIS 1710 (12th Dist. Apr. 23, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Arkansas\u2019s refusal to submit to a BAC test has criminal penalties, and it violates the Fourth Amendment. The trial court\u2019s finding of voluntary consent was decided without an evidentiary hearing and is clearly erroneous. The state\u2019s failure to get a &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=32836\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[66,55,11],"tags":[],"class_list":["post-32836","post","type-post","status-publish","format-standard","hentry","category-burden-of-proof","category-drug-testing","category-good-faith-exception"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32836","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=32836"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32836\/revisions"}],"predecessor-version":[{"id":32837,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/32836\/revisions\/32837"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=32836"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=32836"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=32836"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}