People v. Odum

At issue was whether the Criminal Court properly suppressed Defendant’s breathalyzer test results on the grounds that Defendant’s consent, given in response to “inappropriate warnings,” was involuntary. Criminal Court suppressed both Defendant’s initial refusal to take the breathalyzer test and the test results, ruling (1) because the refusal occurred more than two hours after arrest, under People v. Atkins, 85 N.Y.2d 1007, 1008 (1995), the People must show that consent was express and voluntary; and (2) the People failed to demonstrate that Defendant’s consent was voluntary and not the result of coercive conduct by the officer because Defendant consented only after the officer gave the improper warnings. The Court of Appeals affirmed, holding that the test results were properly suppressed because the breathalyzer test was not administered in accordance with the requirements of N.Y. Veh. & Traf. Law 1194 and Defendant’s consent to take the test was not voluntary, as required by Adkins. View "People v. Odum" on Justia Law