Courts & Justice Law Journal
Advocatus Iustitia Aeque
1 Cts. & Just. L.J.
ARTICLE | VOLUME 1, ISSUE 2
Interplay of the Fourth Amendment in Implied Consent Statutes and Warrantless Chemical Testing in Impaired Driving Cases
by the Honorable Mary A. Celeste and Tandis Taghavi
1 Cts. & Just. L.J. 200 (2019)
As with the changes in impaired driving laws comes too changes in Fourth Amendment issues in impaired driving cases. Implied consent statutes and warrantless chemical testing are prevalent themes in impaired driving cases. They are intricately intertwined with both being creatures of statute and both implicating the Fourth Amendment. Within the last several years, there have been major U.S. Supreme Court rulings and state appellate cases addressing Fourth Amendment issues in impaired driving cases. Law enforcement, attorneys and the courts are continually faced with these Fourth Amendment search and seizure issues. This article will explore the current status of those cases and discuss the interplay between implied consent statutes and warrantless chemical testing as they relate to Fourth Amendment search and seizure in impaired driving cases.
William S. Dodge
Emily M. Strak
/ Fall 2019 / C&JLJ ___________________________