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WA: Implied consent statute did not prohibit a SW on refusal of a breath test

By John Wesley Hall, Jr.

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, 2009 Wash. LEXIS 748 (September 10, 2009).* Smell of marijuana after officer approached defendant's car was RS. State v. Arrington, 2009 Ohio 4721, 2009 Ohio App. LEXIS 3993 (8th Dist. September 10, 2009).* 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, 2009 Ohio 4724, 2009 Ohio App. LEXIS 3997 (8th Dist. September 10, 2009).* 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...continue to full post

Full post as published by Fourth Amendment on September 14, 2009 (boomark / email).