State v. Cheek-EnriquesAnnotate this Case
Petitioner was found guilty of operating a vehicle under the influence of an intoxicant. Petitioner appealed the denial of his motion to suppress the results of a breath alcohol test that he took after he was arrested, arguing that he did not constitutionally consent to the breath test because the implied consent form conveyed a threat of imprisonment and significant punishment for his refusal to submit to the test. The Supreme Court vacated the judgment, holding that the result of Petitioner’s breath test was the product of a warrantless search, and therefore, the district court erred in denying Petitioner’s motion to suppress the breath test result. Remanded.