Page 37 - North Carolina 2020 Legal Guide
P. 37

Task: Forced Blood and Breath Tests






          Birchfield v. North Dakota, 136 S.Ct. 2160 (2015).





          • Forced Blood Test under implied consent statute where refusal is

               criminal under state law violates the Fourth Amendment and cannot

               be saved as a search incident to arrest.

          • Forced Breath Test under implied consent statute where refusal is

               criminal under state law DOES NOT violate the Fourth Amendment

               because it is valid as a search incident to arrest.


          • THIS CASE HAS NO IMPACT IN STATES WHERE REFUSAL IS

               CIVIL INFRACTION RATHER THAN CRIMINAL OFFENSE













                                     ©2020 Jack Ryan  Legal & Liability Risk Management Institute                                    36
   32   33   34   35   36   37   38   39   40   41   42