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AK: Officer's misrepresentation as to duty to provide blood or urine sample was purged by defendant talking to counsel before consenting

By John Wesley Hall, Jr.

Defendant was involved in an accident where a pedestrian was hit by his car. While the officer misrepresented his basis for taking a blood or urine sample, defendant’s talking with a lawyer dissipated the taint. Anderson v. State, 2011 Alas. App. LEXIS 8 (Alaska App. January 28, 2011).* Habeas appellant’s uncertified (non-COAed) Fourth Amendment claim was not reached. Stanley v. Cullen, 2011 U.S. App. LEXIS 1912 (9th Cir. January 31, 2011)*: We decline to certify Stanley’s uncertified claim that he was denied a “full and fair” opportunity to litigate his Fourth Amendment search and seizure claims during the pretrial phase of his trial. See Stone v. Powell, 428 U.S. 465 (1976). Stanley has not made a substantial showing of the denial of a constitutional right in that claim...continue to full post

Full post as published by Fourth Amendment on February 01, 2011 (boomark / email).