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

7 Washington opinions name it 2 courts 2015–2024 1 in the last five years

The cases below were cited by Washington 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
Riley v. Cal. United Statesgreen
scotus · 2014 · cited in 2 Washington opinions naming this issue, 2019–2019
2 sentences

2019Id. at 579-80, 587.

2019Id. at 579-80, 587.

22

Distinguished, questioned or overruled (0)

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

Also cited on this issue (4)

CaseCitedYears
State v. Gauthier green
washctapp · 2013
2 sentences

2016App. 257 , 298 P.3d 126 (20 13 ), the trial court in each case held the defendants had a constitutional right to refuse consent to the warrantless breath test.

2016App. 257 , 298 P.3d 126 (2013), the trial court in each case held the defendants had a constitutional right to refuse consent to the warrantless breath test.

42015–2016
State v. Curran red
wash · 1991
2 sentences

2016Br. of Pet’r at 15 (citing State v. Curran, 116 Wn.2d 174, 184-85 , 804 P.2d 558 (1991)).

2016Br. of Pet’r at 15 (citing State v. Curran, 116 Wn.2d 174, 184-85 , 804 P.2d 558 (1991)).

32016–2016
State v. Gunwall green
wash · 1986
2 sentences

2024Under RAP 2.5(a), we will not review claims not raised before the trial court unless the party seeking review demonstrates a manifest error affecting a constitutional right. 5 Troutman correctly notes that she did not need to brief an analysis under State v. Gunwall, 106 Wn.2d 54 , 720 P.2d 808 (1986), because the Washington Supreme Court has already held that article I, section 7 provides privacy protection more extensive than the Fourth Amendment.

2024Under RAP 2.5(a), we will not review claims not raised before the trial court unless the party seeking review demonstrates a manifest error affecting a constitutional right. 5 Troutman correctly notes that she did not need to brief an analysis under State v. Gunwall, 106 Wn.2d 54 , 720 P.2d 808 (1986), because the Washington Supreme Court has already held that article I, section 7 provides privacy protection more extensive than the Fourth Amendment.

12024–2024
State v. Jones green
wash · 2010
2 sentences

2016State v. Jones, 168 Wn.2d 713, 725 , 230 P.3d 576 (2010). ¶65 The lead opinion therefore also errs in claiming that even if a warrantless breath test were unconstitutional, our implied consent law would still function as a waiver of any challenge to admissibility.

2016State v. Jones, 168 Wn.2d 713, 725 , 230 P.3d 576 (2010). ¶65 The lead opinion therefore also errs in claiming that even if a warrantless breath test were unconstitutional, our implied consent law would still function as a waiver of any challenge to admissibility.

12016–2016

Statutes the citing opinions construe

WA § Wash. Rev. Code § 46.20.308 (6) WA § Wash. Rev. Code § 46.61.503 (3) WA § Wash. Rev. Code § 7.16.040 (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) WA 7 (2015–2024) CA 7 (2017–2024) IA 6 (2017–2021) WI 6 (2017–2026) PA 6 (2017–2022) IL 4 (2014–2021) KS 4 (2017–2020) KY 3 (2021–2021) ND 3 (2017–2017) AZ 3 (2016–2019) OR 3 (2011–2024) NM 3 (2019–2023) GA 3 (2018–2018) NE 2 (2016–2016) NY 2 (2018–2018) CO 2 (2017–2017) HI 2 (2014–2014)

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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