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Kansas Supreme Court Rules Penalty For Refusal to Submit To Breathalyzer Unconstitutional
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In accordance with industry accepted best practices we ask that users limit their copy / paste of copyrighted material to the relevant portions of the article you wish to discuss and no more than 50% of the source material, provide a link back to the original article and provide your original comments / criticism in your post with the article.
[quote:Anonymous Coward 61554461:MV8zMTAzNzc0XzU1MzE3MjA4X0YyNEQ3RDA2] [quote:Anonymous Coward 45477540:MV8zMTAzNzc0XzU1MzE1NjcyX0YwRDk2Mjg4] A little to late The 4th amendment is shredded all day long, at least someone finally acted [/quote] [/quote]
Original Message
A Kansas law that allowed authorities to charge motorists who refused breath or blood tests during drunk-driving investigations with additional crimes has been found unconstitutional.
The state's Supreme Court ruled Friday that the law, which says anyone who operates a motor vehicle in the state has given implied consent to such testing, violates drivers' Fourth Amendment right to unreasonable searches and seizures.
The Kansas decision could potentially provide a framework for that U.S. Supreme Court's review. The state court not only rejected the law, but in a separate ruling, said efforts to ensure compliance amounted to coercion.
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