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August 2011 Archives

Davis v. U.S. and Vehicle Searches

In its recent decision in Davis v. United States, the U.S. Supreme Court held by a 7-2 vote that the exclusionary rule does not bar evidence from a search that was legal when the police conducted it but became illegal under a new rule announced by the Court while the case was waiting for a direct appeal, if police acted in good faith by relying on the law as it stood when they conducted the search. The Court's ruling has important implications for cases currently on appeal and how police will search vehicles in the future.

The Implications of Refusing a DUI Breath Test in Florida

In Florida, drivers stopped by police on suspicion of driving under the influence do not have to submit to blood, breath or urine testing that measures their blood-alcohol concentration. Refusing a DUI breath test carries significant consequences, though, in addition to any penalties imposed for impaired driving.

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