warrantless breath test (California) · Go Syfert
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warrantless breath test in California

7 California opinions name it 1 courts 2017–2024 2 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (1)

CaseFollowedCited
Birchfield v. N. Dakota. William Robert Bernardgreen
scotus · 2016 · cited in 3 California opinions naming this issue, 2017–2017
2 sentences

2017He was charged with refusing to submit to a BAC test, but the state trial court dismissed the charges, concluding the warrantless breath test Bernard refused to take was not permitted under the Fourth Amendment. ( Birchfield , at p. ---- [ 136 S.Ct. at p. 2171 ].) The Minnesota Supreme Court reversed, concluding a warrantless breath test is permissible under the Fourth Amendment as a search-incident-to-arrest. ( Birchfield , at p. ---- [ 136 S.Ct. at p. 2171 ].) In the third and final case, a police officer saw petitioner Beylund unsuccessfully turn into a driveway, almost hit a stop sign, and

2017He was charged with refusing to submit to a BAC test, but the state trial court dismissed the charges, concluding the warrantless breath test Bernard refused to take was not permitted under the Fourth Amendment. ( Birchfield , at p. ---- [ 136 S.Ct. at p. 2171 ].) The Minnesota Supreme Court reversed, concluding a warrantless breath test is permissible under the Fourth Amendment as a search-incident-to-arrest. ( Birchfield , at p. ---- [ 136 S.Ct. at p. 2171 ].) In the third and final case, a police officer saw petitioner Beylund unsuccessfully turn into a driveway, almost hit a stop sign, and

23

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Schmerber v. California green
scotus · 1966
2 sentences

2017"In Schmerber [ v. California (1966) 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 ( Schmerber ) ], the defendant was taken to the hospital following an automobile accident and, against his express refusal on the advice of counsel, the police directed a physician to draw defendant's blood to be tested for the presence of alcohol. ( Schmerber , supra , 384 U.S. at pp. 758-759 [ 86 S.Ct. 1826 ].) Among other things, the United States Supreme Court in Schmerber addressed whether the warrantless blood test violated the Fourth Amendment.

2017"In Schmerber [ v. California (1966) 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 ( Schmerber ) ], the defendant was taken to the hospital following an automobile accident and, against his express refusal on the advice of counsel, the police directed a physician to draw defendant's blood to be tested for the presence of alcohol. ( Schmerber , supra , 384 U.S. at pp. 758-759 [ 86 S.Ct. 1826 ].) Among other things, the United States Supreme Court in Schmerber addressed whether the warrantless blood test violated the Fourth Amendment.

32017–2017
Espinoza v. Shiomoto green
calctapp · 2017
2 sentences

2024Rather than decide whether Espinoza’s license could be lawfully suspended based solely on her refusal to submit to a warrantless blood test, we conclude her license was lawfully suspended because she did not submit to a warrantless breath test.” (Espinoza, supra, 10 Cal.App.5th at p. 114 .) Here, of course, the facts differ from those in Espinoza.

2024The Espinoza court stated that, under Birchfield, “the Fourth Amendment does not prohibit the police from forcing a motorist to submit to a warrantless breath test incident to his or her arrest, the motorist 27 has no right to refuse to submit to a breath test or to condition his or her submission on the police obtaining a warrant, and the motorist’s refusal to submit to the breath test may be the basis of criminal penalties. [Citation.] In light of that clear holding, we conclude refusal to submit to a breath test incident to arrest may also be the basis of imposing civil penalties under the

22024–2024
Riley v. Cal. United States green
scotus · 2014
2 sentences

2018Gutierrez likened the choice he faced between breath and blood testing to a defendant arrested in his car for drug possession who is then given a choice between two searches: a warrantless search of his car, which the constitution allows (Arizona v. Gant (2009) 556 U.S. 332, 350 ), and a warrantless search of his cellphone, which it does not 9 (Riley v. California, supra, 134 S.Ct. 2473 ).

2018Gutierrez likened the choice he faced between breath and blood testing to a defendant arrested in his car for drug possession who is then given a choice between two searches: a warrantless search of his car, which the constitution allows ( Arizona v. Gant (2009) 556 U.S. 332 , 350, 129 S.Ct. 1710 , 173 L.Ed.2d 485 ), and a warrantless search of his cellphone, which it does not ( Riley v. California , supra, 134 S.Ct. 2473 ).

22018–2018
Arizona v. Gant green
scotus · 2009
2 sentences

2018Gutierrez likened the choice he faced between breath and blood testing to a defendant arrested in his car for drug possession who is then given a choice between two searches: a warrantless search of his car, which the constitution allows ( Arizona v. Gant (2009) 556 U.S. 332 , 350, 129 S.Ct. 1710 , 173 L.Ed.2d 485 ), and a warrantless search of his cellphone, which it does not ( Riley v. California , supra, 134 S.Ct. 2473 ).

2018Gutierrez likened the choice he faced between breath and blood testing to a defendant arrested in his car for drug possession who is then given a choice between two searches: a warrantless search of his car, which the constitution allows ( Arizona v. Gant (2009) 556 U.S. 332 , 350, 129 S.Ct. 1710 , 173 L.Ed.2d 485 ), and a warrantless search of his cellphone, which it does not ( Riley v. California , supra, 134 S.Ct. 2473 ).

22018–2018

Statutes the citing opinions construe

CA § Cal. Vehicle Code § 13558 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

MN 34 (2014–2025) CA 7 (2017–2024) WA 7 (2015–2024) PA 6 (2017–2022) IA 6 (2017–2021) WI 6 (2017–2026) IL 4 (2014–2021) KS 4 (2017–2020) OR 3 (2011–2024) KY 3 (2021–2021) ND 3 (2017–2017) AZ 3 (2016–2019) NM 3 (2019–2023) GA 3 (2018–2018) NE 2 (2016–2016) HI 2 (2014–2014) NY 2 (2018–2018) CO 2 (2017–2017)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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