43 results for 'cat:"Search" AND cat:"DUI"'.
J. Tufte finds that the district court improperly entered an amended criminal judgment after defendant conditionally pleaded guilty to driving under the influence. Defendant argues the warrantless entry into his garage was not justified by "hot pursuit and other exigent circumstances." The criminal judgment is reversed and the matter is remanded to allow defendant to withdraw his guilty plea. Reversed.
Court: North Dakota Supreme Court, Judge: Tufte , Filed On: April 19, 2024, Case #: 2024ND74, Categories: search, dui
J. Tookey finds the trial court properly ruled that the state trooper had reasonable suspicion to expand the subject matter of the traffic stop. Defendant got his truck stuck in a ditch while attempting to turn around, and he displayed “shaking, which could be a physical symptom of present intoxication.” Affirmed.
Court: Oregon Court of Appeals, Judge: Tookey, Filed On: April 17, 2024, Case #: A178918, Categories: Evidence, search, dui
J. Thissen reverses the Court of Appeals, finding that a state trooper's statements that "refusal to take a test [for blood alcohol content] is a crime" complied with the advisory requirements of a Minnesota statute regarding chemical tests requiring a search warrant. The only reasonable reading of the statute is that it requires that a driver be advised, generally, that test refusal is a crime, not that they be advised in detail of all of the elements of the offense of test refusal. Reversed.
Court: Minnesota Supreme Court, Judge: Thissen, Filed On: April 10, 2024, Case #: A22-1238, Categories: search, dui, Civil Rights
J. Land finds that the trial court properly granted defendant's motion to suppress the results of a blood test for drugs. Defendant was charged with DUI offenses. The warrant was specifically limited to the drawing and testing of defendant's blood for alcohol and made no mention of testing for drugs. The warrant therefore did not authorize the drug testing. Affirmed.
Court: Georgia Court of Appeals, Judge: Land, Filed On: March 8, 2024, Case #: A23A1769, Categories: search, dui
Per curiam, the court of appeal finds that the trial court improperly suppressed evidence from defendant's trial on DUI charges because the arresting officer had reasonable suspicion to detain defendant and conduct the investigation. Reversed.
Court: Florida Courts Of Appeal, Judge: Per curiam, Filed On: March 6, 2024, Case #: 4D2023-1104, Categories: search, dui
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J. Susswein finds that the trial court improperly suppressed evidence in defendants' trial on DUI charges brought after police discovered a half empty bottle of cognac on the passenger side floor and a loaded handgun in the vehicle. On-scene searches of vehicles destined for impoundment are not prohibited, and defendants do not dispute that the police had probable cause to search the vehicle. Reversed.
Court: New Jersey Appellate Division, Judge: Susswein , Filed On: February 23, 2024, Case #: A-3844-22, Categories: search, dui
J. McClure finds the appeals court erroneously vacated defendant's DWI conviction and determined the trial court should have granted his motion to suppress. The unsettled nature of Texas's traffic law on a driver's failure to remain in a single lane gave the officer a reasonable belief defendant violated the law when he crossed into another lane while making a turn. There was no definitive caselaw at the time of defendant's arrest as to whether a driver must operate a vehicle in an unsafe manner in addition to leaving his marked lane, and so the mistake of law doctrine allowed the officer to conduct a traffic stop and arrest defendant. Reversed.
Court: Texas Court of Criminal Appeals, Judge: McClure, Filed On: February 14, 2024, Case #: PD-0037-22, Categories: search, dui
J. McDonald finds that the lower court improperly suppressed evidence of a chemical breath test obtained via search warrant after defendant was pulled over. The deputy did not invoke an implied consent procedure, so no due process right was implicated when defendant was asked to blow into a breathalyzer machine. Reversed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: February 9, 2024, Case #: 22-1530, Categories: search, dui, Due Process
J. McDonald finds that the district court improperly suppressed the results of a blood test after defendant was arrested for DUI. Iowa Code Chapter 808 authorizes law enforcement officers to apply for, obtain, and execute search warrants for bodily specimens, and the deputy had good cause to apply for the warrant since defendant had been in a hit-and-run incident and appeared to be intoxicated. Reversed.
Court: Iowa Supreme Court, Judge: McDonald, Filed On: February 9, 2024, Case #: 22-1531, Categories: search, dui
J. Greer finds that defendant was properly convicted of OWI because the officer who initiated the stop had reason to believe defendant was involved in criminal activity since a car matching a description of his vehicle repeatedly drove by an intoxicated woman who was shouting for help and begging not to be hurt. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: January 24, 2024, Case #: 23-0331, Categories: search, dui
J. Gamble finds that defendant was properly convicted of OWI because during a traffic stop for failing to signal and an outstanding warrant, defendant exhibited bloodshot eyes and slurred speech, and he failed to consent to a sobriety test. Affirmed.
Court: Iowa Court Of Appeals, Judge: Gamble, Filed On: January 10, 2024, Case #: 22-1389, Categories: Evidence, search, dui
J. Huffman holds that the trial court should have suppressed evidence police obtained from defendant through a warrantless blood draw taken when he was unconscious at a hospital following a traffic collision. The exigent circumstance exception to the warrant requirement the U.S. Supreme Court laid out in Mitchell does not apply. Defendant was conscious during transport to the hospital, his condition was not dire and the arresting officer was not prevented from obtaining a warrant. Also, the good faith exception based on implied consent does not apply because the officer had not arrested him or made a decision to arrest him when his blood was drawn. Reversed.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: December 29, 2023, Case #: D080585, Categories: search, dui, Plea
J. Stevens finds that the lower court properly upheld the revocation of the man's driving privileges after he had an accident and a breath test found his blood alcohol content was nearly three times the legal limit. At the hospital, however, the man refused to consent to a blood draw to complete the DUI investigation. While the man was not physically restrained by police at the time of his arrest, due to his being in a hospital bed, the arrest was valid and the man indicated he understood he was under arrest. Affirmed.
Court: Missouri Court Of Appeals, Judge: Stevens, Filed On: December 26, 2023, Case #: ED111737, Categories: Miranda, search, dui
J. McMillian finds that the trial court improperly denied defendant's motion to suppress his medical records, including his blood alcohol content test results, following his indictment on charges including DUI. The state violated defendant's right to privacy when it obtained his medical records via an ex parte order rather than seeking a warrant. Reversed.
Court: Georgia Supreme Court, Judge: McMillian, Filed On: December 19, 2023, Case #: S23A1158, Categories: search, dui
J. Earls finds that the trial court improperly suppressed evidence of DUI as discovered during a traffic stop because the officer had probable cause for the arrest since he had witnessed defendant driving erratically and could smell alcohol on defendant's breath from inside his truck. Reversed
Court: North Carolina Supreme Court, Judge: Earls, Filed On: December 15, 2023, Case #: 208PA22, Categories: search, dui
J. Alvarez finds that a DUI defendant's pretrial appeal of the denial of his suppression motion is untimely. The 45-day window for review begins upon arraignment, which has not been held yet. Also, neither Anders or Wende constitutionally require a pretrial appellate review of a denied suppression motion in a misdemeanor case.
Court: California Courts Of Appeal, Judge: Alvarez, Filed On: December 8, 2023, Case #: 0003066, Categories: Evidence, search, dui
J. Mays finds the trial court properly denied defendant's motion to suppress for lack of probable cause in his DUI case. The off-duty detective's observance of his erratic driving, which included running up on a curb and weaving between lanes, was sufficient to allow an on-duty police officer to initiate a stop despite the lack of traffic violations. Affirmed.
Court: Ohio Court Of Appeals, Judge: Mays, Filed On: November 22, 2023, Case #: 2023-Ohio-4210, Categories: search, dui
J. Waterman finds that defendant was properly convicted of a third offense of operating while intoxicated. A traffic stop was initiated when officers observed defendant driving erratically defendant, and after observing defendant’s slurred speech and bloodshot eyes, and after defendant refused a field sobriety test, defendant admitted he had been drinking. Affirmed.
Court: Iowa Supreme Court, Judge: Waterman, Filed On: November 17, 2023, Case #: 22-0037, Categories: search, dui
J. Greer finds that defendant was properly convicted of DUI, second offense, since the circumstances of defendant's motorcycle crash and eyewitness statements supported issuing a search warrant for a sample of defendant's blood. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: November 8, 2023, Case #: 22-1764, Categories: Evidence, search, dui
J. Lorello finds that defendant was not entitled to have evidence of drunk driving suppressed. The arresting officer's observation that defendant's shoulder was raised toward his ear provided the reasonable suspicion of distracted driving for a traffic stop even if the officer did not see a cell phone. The possibility that the "hands-free" mode exception applied is not a factor in the reasonable suspicion analysis. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: November 2, 2023, Case #: 49825, Categories: search, dui
J. Vargas finds the appeals court erroneously reversed the lower court's order granting suppression of evidence during defendant's DUI case. Although the apprehension of a suspect in a nearby stabbing incident is undoubtedly important, defendant - who was not the perpetrator of the stabbing - was pulled over one mile from the crime scene more than 30 minutes after the stabbing, which made the traffic stop and subsequent search unreasonable. Reversed.
Court: New Mexico Supreme Court, Judge: Vargas, Filed On: October 30, 2023, Case #: S-1-SC-38642, Categories: Evidence, search, dui
J. Ives finds the trial court properly granted defendant's motion to suppress evidence obtained at a sobriety roadblock and used to charge him with DUI. The state failed to establish the constitutionality of the roadblock and evidence of defendant's intoxication was not discovered until after he stopped his vehicle. Although such roadblocks are not inherently unconstitutional, the only testimony provided by the state was that of the arresting officer, who did not have reasonable suspicion to arrest defendant until after he stopped at the roadblock, and so the seizure was unconstitutional and violated defendant's Fourth Amendment rights. Affirmed.
Court: New Mexico Court of Appeals, Judge: Ives, Filed On: October 30, 2023, Case #: A-1-CA-39970, Categories: Constitution, search, dui
Per curiam, the appellate division properly convicted defendant of driving while intoxicated since the lower court properly admitted evidence obtained during a traffic stop instigated when the arresting officer observed defendant's vehicle swerve over the white fog line several times. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 6, 2023, Case #: KA 23-00229, Categories: search, dui
J. Miller finds the trial court properly denied defendant's motion to suppress the results of a blood test following the accident that led to vehicular assault and DUI charges. The testimony of officers who arrived at the scene of the crime was sufficient to establish probable cause for a search warrant. Meanwhile, consecutive sentences were supported by the nature of the crime, which resulted in traumatic brain injuries to at least two passengers, and the trial court properly found a course of conduct based on the multiple charges of vehicular assault. Affirmed.
Court: Ohio Court Of Appeals, Judge: Miller, Filed On: September 11, 2023, Case #: 2023-Ohio-3207, Categories: search, dui, Vehicular Homicide
J. Ahlers finds that defendant was properly convicted of OWI, second offense, because a second-hand erratic driving report provided police good cause to initiate a traffic stop. Affirmed.
Court: Iowa Court Of Appeals, Judge: Ahlers, Filed On: August 30, 2023, Case #: 22-0066, Categories: search, dui
J. Greer finds that defendant was properly denied a new trial after on charges of vehicular homicide following OWI. The toxicology report was admissible since a simple scrivener's error in the search warrant did not constitute an intentional act and did not impact the outcome. Affirmed.
Court: Iowa Court Of Appeals, Judge: Greer, Filed On: August 30, 2023, Case #: 21-1319, Categories: search, dui, Vehicular Homicide
J. Scott finds that defendant was properly convicted of OWI because the traffic stop had been justified by defendant's failure to yield for pedestrians, which led to his arrest. Affirmed.
Court: Iowa Court Of Appeals, Judge: Scott, Filed On: August 30, 2023, Case #: 22-0396, Categories: search, dui