State v. Nece
Annotate this CaseDefendant was arrested for suspicion of driving under the influence. He was taken to the county jail, where he read an implied consent advisory advising him of the consequences if he refused to consent to a breath-alcohol test. Defendant was charged with driving under the influence of alcohol under Kan. Stat. Ann. 8-1567. Defendant filed a motion to suppress evidence of his breath test results, contending that his consent to the test was not voluntary, and therefore, the test violated his Fourth Amendment right to be free from an unreasonable search. The district court concluded that Defendant’s consent to the breath test was not freely and voluntarily given. The court of appeals reversed. The Supreme Court reversed, holding that Defendant’s consent was involuntary because it was obtained by means of an inaccurate and coercive advisement and, therefore, the district court correctly suppressed Defendant’s breath-alcohol test results.
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