Amanda Denise Hernandezv.The State
A Georgia State Patrol trooper stopped Amanda Hernandez for speeding and developed probable cause to investigate driving under the influence. After field sobriety tests and an arrest, Hernandez initially agreed to a state-administered blood test, then withdrew consent several times while the trooper explained that refusal could suspend her driving privileges. She ultimately consented after asking questions that showed she believed her Washington license might be affected. The trial court denied her motion to suppress the blood-test result. The Court of Appeals reversed. Consent to a warrantless search must be freely and voluntarily given under the totality of the circumstances. Although the trooper accurately explained the effect on Georgia driving privileges, his statements and the surrounding exchange left Hernandez believing that refusal could also cause her Washington license to be revoked. Her final consent was given only after that misunderstanding. The court held that the consent was premised on materially inaccurate information and that the blood-test result should have been suppressed.
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