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NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning

Loaded on Sept. 23, 2018 by Dale Chappell published in Criminal Legal News October, 2018, page 19
Filed under: Drug Testing, Police Searches, Criminal Prosecution. Location: New York.

by Dale Chappell

The Court of Appeals of New York found that a driver’s eventual consent to a breathalyzer test was “coerced” and involuntary after police waited more than two hours to ask him to consent to the test. The Court held that the officer’s warning that his refusal could ...

 

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More from this issue:

  1. Washington Supreme Court Strikes Down Pornography Prohibition as Unconstitutionally Vague, by Christopher Zoukis
  2. Sixth Circuit Rules Relying on Search Warrant Based on ‘Bare Bones’ Affidavit Objectively Unreasonable, Grants Motion to Suppress, by David Reutter
  3. Victims’ Rights Laws a Threat to Due Process
  4. Federal Court Suppresses Evidence Where Consent to Search Vehicle Obtained Via Google Translate, by Christopher Zoukis
  5. Private DNA Lab Under Fire for Faulty Analysis, by Christopher Zoukis
  6. ICE Utilizes Military-Style Shock Tactics to Round up Immigrants
  7. Louisiana Supreme Court Holds Counsel’s Failure to Challenge ‘Stark Contrasts’ in Witness ID and Defendant’s Appearance Constituted IAC, by Dale Chappell
  8. Sixth Circuit: Procedural Error and Plain Error for Judge to ‘Surprise’ Defendant and Impose an Upward Variance
  9. Hawaii Supreme Court Vacates Conviction Because Defendant’s Waiver of Right to Testify Deficient Under State’s Tachibana Colloquy Requirement, by David Reutter
  10. New Jersey Supreme Court Holds Inventory Search May Not Serve as Ruse for Investigatory Search, by Dale Chappell
  11. Federal Judge Effectively Ends Albuquerque’s Civil Asset Forfeiture Program as Too Focused on Revenue and Not on Due Process, by Derek Gilna
  12. Your Papers, May I See Your Papers?, by Christopher Zoukis
  13. Hair Analysis a Useful but Not Foolproof Forensic Tool, by Derek Gilna
  14. 1st Circuit: No Protective Sweep Where Identified Suspects Already in Custody at Time of Warrantless Search, by David Reutter
  15. $9 Million Settlement in Baltimore Wrongful Conviction Case, by Christopher Zoukis
  16. Civil Forfeiture Often Focuses on Profit Instead of Public Safety
  17. Louisiana Sheriffs’ Association Backpedals on Its Pre-Trial Detainee Figures, by Derek Gilna
  18. Idaho Supreme Court Rules Dead-Body Reporting Statute Unconstitutional As Applied to Defendant, by Richard Resch
  19. Federal Judge Extends Stay of Executions in Louisiana, by Betty Nelander
  20. Houston Forces Parolees out of City Under New Rule
  21. From the Big Box to the Big House: Walmart Helps Tennessee Prosecutors Felonize Shoplifting, by Matthew Clarke
  22. Iowa Supreme Court Announces Greater Privacy Protections Under State Constitution for Impounded Vehicles Than Provided by Fourth Amendment, by Richard Resch
  23. New York, Faced With Millions in Payouts for Prosecutorial Misconduct, Becomes First State to Create Oversight Commission, by Derek Gilna
  24. Fired Director of New York’s Criminal Forensic Science Division Alleges ‘Catastrophic’ DNA Errors, by Christopher Zoukis
  25. Many Sheriffs Tempted by Lack of Oversight or Fiscal Accountability, by Matthew Clarke
  26. 11th Circuit Rules Immigration Judges are United States Judges for Purposes of 18 U.S.C. § 115(a)(1)(B), by David Reutter
  27. Study Indicates Link Between Officer Fatigue and Public Complaints, by Betty Nelander
  28. ACLU Questions Trade Secrets Protecting DNA Testing Algorithms, by Dale Chappell
  29. $28.1 Million Jury Verdict for Wrongful Convictions Upheld by 8th Circuit, by Kevin Bliss
  30. Eric Schneiderman Pushed Laws Opposing Abuse of Women as He Stands Accused of Abusing Them Himself, by Steve Horn
  31. Archaic Disciplinary System Allows Chicago Police to Delay Punishment, by David Reutter
  32. Kentucky Supreme Court Tosses Evidence Holding Dog Sniff of Nervous Driver with Prior Drug Charges was Unreasonable, by Dale Chappell
  33. New Jersey AG Intervenes in Possible Wrongful Conviction Case, Considers Reforms, by Christopher Zoukis
  34. Seventh Circuit Affirms Order Granting New Trial Due to Newly Discovered Evidence, by Christopher Zoukis
  35. Texas Court of Criminal Appeals Holds Sua Sponte Jury Instruction on Self-Defense Also Applies to Lesser-Included Charges, by Dale Chappell
  36. NY Court of Appeals Affirms Dismissal of DWI for Improper Breathalyzer Refusal Warning, by Dale Chappell
  37. 10th Circuit: Oklahoma’s Second-Degree Burglary Not an ACCA Qualifying Offense, by David Reutter
  38. New Jersey Supreme Court Holds 2014 Amendment to Megan’s Law Violates Ex Post Facto Clause, by Dale Chappell
  39. California Court of Appeal Holds Box Cutter Not ‘Inherently’ Deadly Weapon, by Dale Chappell
  40. Kentucky Supreme Court Overrules Flawed Brindley Opinion and Announces Commonwealth Cannot Appeal Judgment of Acquittal, by Dale Chappell
  41. Eight Death Row Prisoners Opt for Untested Nitrogen Gas Over Inhumane Lethal Injection, by Betty Nelander
  42. Prosecutors Use Their Power to Help Reform Criminal Justice
  43. Iowa Supreme Court Announces Actual Innocence Claim Is Freestanding Claim That Can Be Made Even After Guilty Plea, by Dale Chappell
  44. NY Court of Appeals Holds Trial Court’s Failure to Advise Defense of Jury Note Contents Constitutes Reversible Error, by Dale Chappell
  45. Insurance, Courts Protect Cops from Liability, by Dale Chappell
  46. The Broad Reach of Carpenter v. United States, by Paul Ohm
  47. Plainclothes Officers, 6 percent of NYC Police Force, Involved in 31 percent of Fatal Police Shootings, by Matthew Clarke
  48. News in Brief
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