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SUPREME COURT UPHOLDS LAWS REQUIRING DRUNK DRIVING SUSPECTS TO CONSENT TO BREATH TESTING
Laws in every state that require suspected drunk drivers to consent to a breath test were protected by a 6-2 U. S. Supreme Court decision June 23. The high court agreed to review three drunk driving cases involving motorists’ challenges to North Dakota’s and Minnesota’s implied consent laws. These laws allowed the state to impose criminal penalties upon a lawfully arrested driver who refused to submit to a breath, blood, or urine test to determine the presence of intoxicants. >>
HIGH COURT OVERTURNS RULING TO SUPPRESS EVIDENCE
The U. S. Supreme Court has overturned a Utah Supreme Court ruling which had held that evidence obtained in a police search must be suppressed under the federal exclusionary rule. The issue in Utah v. Strieff was whether the 4th Amendment requires that valid evidence discovered during a lawful arrest with a warrant must be suppressed because the officer mistakenly thought he had enough reasonable suspicion to detain the suspect. >>
SUPREME COURT REBUKES NINTH CIRCUIT IN CALIFORNIA PRISONER CASE
The U.S. Supreme Court summarily reversed the decision of the Ninth Circuit Court of Appeals, which had overturned the conviction of a murderer. The issue in Johnson v. Lee was the procedural default rule, a CA rule that prohibits defendants (who fail to raise claims against their conviction or sentence at the state appeal) from raising them years later on habeas corpus. >>