Rossell v. City & County of Honolulu

How courts have described this case

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

• maintaining that “where evidence has been obtained in violation of a statute, that evidence is not inadmissible per se in a criminal proceeding unless the statutory violation has constitutional dimensions”
• recognizing the \constitutional propriety\ of blood alcohol tests under Schmerber
• recognizing the “constitutional propriety” of blood alcohol tests under Schmerber
• giving as an example of incapacity a driver who is conscious but in shock because of serious injuries and is unable to respond to an officer’s request to submit to a breath or blood test
• the statute applies only when an arrestee is incapable of manifesting “any consent or refusal to take a sobriety test”

Source: CourtListener parenthetical corpus (CC0).