A Breath-Test Suppression that Might Survive Machuca II
From OCDLA Library of Defense
This wikilog article is a draft, it was not published yet.
by: Ryan • September 7, 2011 • no comments
An interesting DUII opinion came out today that is worth a lot of analysis, which I won't be doing in this post. In St v. Martinez-Alvarez, the court remanded the DUII to the trial court in order to determine if this was one of those "rare" cases where the failure to obtain a search warrant should result in the suppression of the breath test.
Of course, this put me in mind of Jonah's discussion of that issue here ever posted at Oregon Library of Defense, involving Drug DUIIs and Machuca. At first blush, today's opinion significantly strengthens the argument you'll find there.