State v. Terasako
Annotate this CasePetitioner was found guilty of operating a vehicle under the influence of an intoxicant. Petitioner appealed, arguing that the district court erred in admitting his blood alcohol test results into evidence in violation of his Fourth and Fifth Amendment rights because the implied consent form that apprised him of the criminal refusal penalties was contrary to his constitutional right to withdraw his consent to a warrantless search. The Supreme Court vacated the district court’s judgment, holding that the result of Defendant’s blood test was the product of a warrantless search, and therefore, the district court erred in denying Petitioner’s motion to suppress the blood test result.
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