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Pennsylvania Supreme Court Retroactively Applies Birchfield, Holding that Enhanced Criminal Penalties for Refusing Warrantless Blood Tests are Unconstitutional
Loaded on April 12, 2019
by Douglas Ankney
published in Criminal Legal News
May, 2019, page 19
Filed under:
DNA Testing/Samples,
Search warrants,
Fourth Amendment, rights.
Location:
Pennsylvania.
by Douglas Ankney
The Supreme Court of Pennsylvania retroactively applied Birchfield v. North Dakota, 136 S.Ct. 2160 (2016), holding that Samuel Anthony Monarch’s enhanced penalties for refusing warrantless blood tests following his arrest for driving under the influence (“DUI”) were unconstitutional.
In July 2015, Monarch was suspected of DUI. ...
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More from this issue:
- News in Brief
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- Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence, by Douglas Ankney
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More from these topics:
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