TN: Def’s consent came before implied consent reading occurred

No credible argument can be made that the statutory implied consent actually supplies the type of voluntary consent sufficient to create an exception to the warrant requirement. For purposes of the Fourth Amendment and state constitution, however, defendant voluntarily consented to the blood draw before the officer even read the implied consent form to her. She’d been advised she could refuse the blood draw, and she could be convicted of the offense of violating the implied consent law and lose her license for one year. No evidence suggested that defendant’s will was overborne or her capacity for self-determination critically impaired. Thus, the trial court erred by granting defendant’s motion to suppress. State v. Hafer, 2020 Tenn. Crim. App. LEXIS 143 (Feb. 26, 2020).*

It was reasonable to stop a vehicle already stopped in the turn lane of a five lane street, perpendicular to traffic, blocking one lane. The smell of marijuana and alcohol coming from the car justified a search. Sexton-Johnson v. State, 2020 Ga. App. LEXIS 98 (Feb. 26, 2020).*

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