SC: Def gets to litigate possible Mitchell exceptions on remand

Defendant is entitled to a remand to litigate whether a Mitchell warrantless BAC exception applies. State v. Key, 2020 S.C. LEXIS 71 (May 13, 2020).

Defendant’s motion to suppress was properly denied by the good faith exception where obtaining of defendant’s BAC was under the statute before it was later construed by the state supreme court. Brissette v. State, 2020 Ark. App. 303, 2020 Ark. App. LEXIS 335 (May 13, 2020).