State v. Moniz
Annotate this CaseDefendant was arrested for suspicion of operating a vehicle under the influence of an intoxicant and subsequently taken to the police station, where he was read an implied consent form. Defendant elected to take a breath test, which resulted in an elevated breath alcohol content reading. Defendant moved to suppress the breath test results, arguing that his Fourth Amendment rights were violated. The circuit court denied the motion. The Intermediate Court of Appeals affirmed. The Supreme Court vacated the lower court’s judgments, holding that the result of Defendant’s breath test was the product of a warrantless search due to the coercion engendered by the implied consent form. Remanded to the circuit court for further proceedings.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.