certified breath test (Indiana) · Go Syfert
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certified breath test in Indiana

7 Indiana opinions name it 2 courts 2000–2019 0 in the last five years

The cases below were cited by Indiana 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 (3)

CaseFollowedCited
Burkett v. Stategreen
indctapp · 1998 · cited in 2 Indiana opinions naming this issue, 2000–2001
2 sentences

2001See, e.g., Burkett v. State, 691 N.E.2d 1241 (Ind.Ct.App.1998) (placing an apparently intoxicated motorist in police car for transport to county jail for a certified breath test), trans. denied.

2000Before placing Burkett in the police car, Moore conducted a pat-down search of Burkett for officer safety- Id. at 1244 .

12
Frensemeier v. Stategreen
indctapp · 2006 · cited in 1 Indiana opinions naming this issue, 2012–2012
1 sentence

2012This Court has previously stated that “[o]bjectively observed clear indications of intoxication include dilated pupils, bloodshot eyes, glassy eyes, and the odor of alcohol on the person’s breath.” Frensemeier v. State, 849 N.E.2d 157, 162 (Ind. Ct. App. 2006).

11
Wilson v. Stategreen
ind · 2001 · cited in 1 Indiana opinions naming this issue, 2008–2008
1 sentence

2008See Wilson, 745 N.E.2d at 793 (indicating that the supreme court "can envision various particularized circumstances . . . that may make it reasonably necessary for police to require a stopped motorist to enter a police vehicle," and citing Burkett, with the parenthetical "placing an apparently intoxicated motorist in a police car for transport to county jail for a certified breath test").

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
Flanagan v. State green
indctapp · 2005
1 sentence

2019Id.

12019–2019
Hatch v. State green
indctapp · 1978
2 sentences

2015Hatch v. State, 177 Ind.App. 231 , 378 N.E.2d 949 (1978); Davis v. State, 174 Ind.App. 433 , 367 N.E.2d 1163 (1977).

2015Hatch v. State, 177 Ind.App. 231 , 378 N.E.2d 949 (1978); Davis v. State, 174 Ind.App. 433 , 367 N.E.2d 1163 (1977).

12015–2015
Tobar v. State green
ind · 2000
1 sentence

2015It is highly likely that the error rate from the blood draw could have put Mr. Frazier’s BAC above the legal limit.” Id.

12015–2015
Davis v. State green
indctapp · 1977
2 sentences

2015Hatch v. State, 177 Ind.App. 231 , 378 N.E.2d 949 (1978); Davis v. State, 174 Ind.App. 433 , 367 N.E.2d 1163 (1977).

2015Hatch v. State, 177 Ind.App. 231 , 378 N.E.2d 949 (1978); Davis v. State, 174 Ind.App. 433 , 367 N.E.2d 1163 (1977).

12015–2015

Where else courts name it

IN 7 (2000–2019) ND 4 (1986–2013) PA 2 (2019–2025)

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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