Do Not Just Consent

Last month we were running articles about theMiranda v. Arizona decision and how such a landmark case has impacted the criminal justice system. I have been writing about how the system has developed ways to circumvent the rights afforded by this case. This got me thinking about other kinds of rights afforded to defendants. I have always maintained that a client should never just plead guilty and I say the same thing about giving the police consent. You should never just consent to a search without the advice of counsel. Lately, the Arizona Supreme Court in April ruled soundly in State v. Valenzuela, CR-15-0222-PR, 4/26/16 that a driver of an automobile arrested for Driving Under the Influence (DUI) may not voluntarily consent to give samples of his/her blood after an arresting officer advises him/her that "Arizona law requires you to submit" to breath, blood or other bodily substance tests chosen by law enforcement because a showing only that the consent given was in response to such an admonition fails to prove that such an arrestee's consent was freely and voluntarily given as required by the United States Supreme Court's decision in Bumper v. North Carolina. However, the good faith exception to the Fourth Amendment warrant requirement may allow admission of such blood testing evidence.

If you have been charged with any criminal offense, call The Law Offices of Randall J. Craig at (480) 767-0400. You may also reach us on the web at www.randalljcraig.com, or www.phoenixfelonycriminaldefense.com.

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Categories: Criminal Defense