RI District Court and Traffic Tribunal Case Law

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City of Warwick v. Richard Porter, C.A. No. T09-0031 Constitutional Issues

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test). The Court held that the Fourth Amendment protections against an unreasonable “search” of the defendant’s breath did not apply here because the defendant refused to submit to a breath test, and no such test was administered. Accordingly, the Court affirmed the decision sustaining the charge against the defendant.

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