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 [/Urine_Tests_and_Drug_DUIIs:_Almost_Never_an_Exigent_Circumstance one of the most important posts] 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.
