“Lawful Coercion” – Police Don’t Explain The Consequences of a Refusal
In Bumper v. North Carolina, 391 U.S 542 (1968), the Supreme Court ruled that consent is not valid (i.e., no consent) when an officer told the owner of a house that he had a warrant and then asked for consent. It turned out that he had no warrant and simply waved a paper in front of the homeowner. The Supreme Court held that this is “coercion“. Here is quote from the court:
In determining whether a criminal defendant was convicted “according to law,” the test is not and cannot be simply whether this Court finds credible the evidence against him. Crediting or discrediting evidence is the function of the trier of fact, in this case, a jury. The jury’s verdict is a lawful verdict, however, only if it is based upon evidence constitutionally admissible. When it is not, as it is not here, reversal rests on the oldest and most fundamental principle of our criminal jurisprudence —that a defendant is entitled to put the prosecution to its lawful proof.
This Bumper case can be used to suppress blood results in Los Angeles DUI defense cases by drawing a parallel, such as, when a police officer says, “you have to submit to a chemical test – which one do you choose?” is a violation of Bumper v. NC because it is “coercion“. Although California has an implied consent law in Vehicle Code (CVC 23612) that requires that a person arrested for DUI in Los Angeles submit to a chemical test, the statute does not authorize coercion – the test still remains voluntary. So, when a police officer does not explain the consequences of refusing to submit to a chemical test, and instead simply says that the motorist is required to submit to a test without explaining the consequences of not doing so, the consent is coerced.
Asking the court to suppress the result of such a coerced test can be used to win DUI cases in Los Angeles because it is a “lawful coercion”. For example, if after a Los Angeles DUI stop, a police officer orders you to submit to a chemical test, a Los Angeles DUI Attorney can suppress the results of the blood test and dismiss your Los Angeles DUI case. Los Angeles DUI defense attorneys skilled in such motions to win court cases can represent you or your loved ones in Los Angeles DUI court and win your case.
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