State v. Medicine
Annotate this CasePolice officer Robert Neisen arrested Defendant for driving under the influence. Officer Niesen first informed Defendant that he had impliedly consented to a blood draw by virtue of operating a vehicle in South Dakota, but then the officer asked Defendant if he consented to the blood draw. Defendant consented. Defendant subsequently moved to suppress the blood test, arguing that his consent was not voluntary. The circuit court agreed with Defendant and suppressed the blood test. The Supreme Court affirmed, holding that the totality of the circumstances supported a conclusion that Defendant’s consent was involuntary.
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