Police officers failure to comply with the requirements of Californias implied consent law did not amount to a violation of an arrestees 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.
Case Summaries