REFUSAL TO SUBMIT TO BREATH TEST

The constitutionality of section 316.1939 (2013) was challenged in light of the U.S. Supreme Court's holding in Missouri v. McNeely.






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FLW Supplement Cases of Interest

DRIVING UNDER INFLUENCE--REFUSAL TO SUBMIT TO BLOOD, BREATH OR URINE TEST. The constitutionality of section 316.1939 (2013) was challenged in light of the U.S. Supreme Court's holding in Missouri v. McNeely. County court judges upheld the constitutionality of the statute, but certified the question as being of great public importance. Read more here and here...

SAME-SEX MARRIAGE. Article I, Section 27, Florida Constitution, and Florida statutes limiting marriage to opposite-sex couples were held void and unenforceable as violative of Due Process and Equal Protection Clauses of the U.S. Constitution. Read more here, here, and here...

ESTATES. The non-resident surviving spouse of a same-sex marriage was entitled to appointment as personal representative of the deceased spouse's Florida ancillary estate, and provisions of Florida's Constitution and statutes prohibiting this appointment were held unconstitutional. Read more...

DRIVING UNDER INFLUENCE--BLOOD TEST. A warrantless, nonconsensual, nonexigent blood draw violates state and federal constitutions. Section 316.19033, which directs law enforcement to require a person to submit to a blood test by reasonable force if necessary without requiring the existence of an exigency is unconstitutional and cannot form the basis for applying the good faith exception to the exclusionary rule. Read more...

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FLW Federal Cases of Interest

FLORIDA FIREARM OWNERS PRIVACY ACT.. The Court of Appeals held that Florida's Firearm Owners Privacy Act, which places restrictions on physicians' inquiry and record-keeping with regard to patients' ownership of firearms, is a legitimate regulation of professional conduct. A federal district court decision holding otherwise was reversed. Read more...

SEARCH AND SEIZURE—CONSENT. To obtain the protections arising from the Court's decision in Georgia v. Robinson, in which the Supreme Court held that a physically present inhabitant's express refusal of consent to a police search is dispositive as to him, the cotenant must object to the search. Read more...

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