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The Statev.Susan Council

CourtCourt of Appeals of Georgia
Docket No.A17A1218
DecidedFebruary 1, 2019
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureFourth AmendmentSearch and SeizureDue ProcessReversalEvidence
Case Summary

Susan Council was charged with driving under the influence after a multi-vehicle collision. The trial court suppressed the result of a state-administered breath test, finding that Council had been coerced into consenting. This was the second appeal after the Supreme Court of Georgia vacated an earlier Court of Appeals decision for reconsideration under controlling precedent. The Court of Appeals again reversed the suppression ruling. The undisputed dash-camera recordings showed that Council was advised that field evaluations were voluntary, was allowed to ask questions, and agreed to the breath test after the implied-consent notice was read. The officer’s refusal to permit a phone call until the transport process ended did not show that he conditioned the test on the call or otherwise coerced consent. Because the recordings contradicted the trial court’s factual finding and showed voluntary consent under the totality of the circumstances, admitting the breath-test result did not violate Council’s constitutional rights. The court reversed the order suppressing the evidence.

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