{"id":3377,"date":"2010-03-21T06:50:54","date_gmt":"2009-09-14T07:45:04","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2009-09-14T07:45:04","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=3377","title":{"rendered":"WA: Implied consent statute did not prohibit a SW on refusal of a breath test"},"content":{"rendered":"

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<\/a>, 166 Wn.2d 941, 215 P.3d 194 (2009).*<\/p>\n

Smell of marijuana after officer approached defendant’s car was RS. State v. Arrington<\/a>, 2009 Ohio 4721, 2009 Ohio App. LEXIS 3993 (8th Dist. September 10, 2009).*<\/p>\n

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<\/a>, 2009 Ohio 4724, 2009 Ohio App. LEXIS 3997 (8th Dist. September 10, 2009).*<\/p>\n

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<\/a>, 2009 Ohio 4714, 2009 Ohio App. LEXIS 3986 (8th Dist. September 10, 2009).*<\/p>\n

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<\/a>, 2009 Ind. App. LEXIS 1483 (September 8, 2009).*<\/p>\n

Defendant’s weaving in traffic for about a half mile justified his stop. Potter v. State<\/a>, 912 N.E.2d 905 (Ind. App. 2009).*<\/p>\n

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

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. \u2014 Eastland September 10, 2009).*<\/p>\n

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).*<\/p>\n

Defendant made a preliminary showing for a Franks<\/a> 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).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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