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Name: Ritschel v. City of Fountain Valley
Case #: G034264
Court: CA Court of Appeal
District 4 DCA
Division: 3
Opinion Date: 02/27/2006

Police officers’ failure to comply with the requirements of California’s implied consent law did not amount to a violation of an arrestee’s federal constitutional rights. The plaintiff in this civil rights case alleged that his Fourth Amendment rights were violated when he was forced to take a blood test after being stopped for drunk driving instead of being allowed to choose what kind of test he wanted to take. Although Vehicle Code section 23612 provides a person stopped on suspicion of driving under the influence with a choice between various forms of testing, law enforcement failure to provide such a choice does not amount to a violation of the Fourth Amendment.