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Cooper v. State

Citations

  • 587 S.E.2d 605
  • 277 Ga. 282
  • 2003 Fulton County D. Rep. 3004
  • 2003 Ga. LEXIS 842

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that no matter how important the purpose of protecting citizens from intoxicated drivers, “it does not create a special need to depart from the Fourth Amendment’s requirement of probable cause”
  • sole basis for taking blood was fact that a bone had been broken in the traffic accident
  • implied consent law is unconstitutional \to the extent that [it] requires chemical testing\ in instances of fatal or serious injury accidents without probable cause of impairment
  • “Consequently, the trooper completely misled [the defendant], albeit unintentionally, about his implied consent rights, and any consent based upon the misrepresentation is invalid.”
  • “A suspect’s Fourth Amendment right to be free of unreasonable searches and seizures applies to the compelled withdrawal of blood.” (punctuation omitted)
  • “A suspect’s Fourth Amendment right to be free of unreasonable searches and seizures applies to the compelled withdrawal of blood.” (punctuation omitted)

Source: CourtListener parenthetical corpus (CC0).

Judges: Hines

Read full opinion on CourtListener

Cited by

56 cases in this archive cite this case; the 20 most cited are listed.

Cites

36 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.