Legal Opinion

Williams v. State

District Court of Appeal of Florida

Decided June 5, 2015No. 5D14-3543PublishedCited by 8 opinions

1Opinion of the CourtCohen, J.

William Williams appeals the denial of his dispositive motion to dismiss after being convicted under Florida’s “Refusal to Submit” statute.1 He argues that the statute, as applied to him, violates the Fourth Amendment — specifically, the Supreme Court’s recent decision in Missouri v. McNeely, — U.S. -, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013) — and the unconstitutional conditions doctrine. The issue presented, boiled down to its essence, is whether it is unconstitutional to punish a person criminally for refusing to submit to a breath-alcohol test when the officer conducting the test does not…

2Cases cited36 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  3. Chimel v. CaliforniaSupreme Court of the United States · 1969
  4. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  5. Johnson v. United StatesSupreme Court of the United States · 1948

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3Cited by8 opinions

  1. State v. RyceSupreme Court of Kansas · 2016
  2. People v. Arredondo, California Court of Appeal, 6th District2016
  3. State v. Wade F. LilesDistrict Court of Appeal of Florida · 2016
  4. William Williams v. StateDistrict Court of Appeal of Florida · 2017
  5. BYRON MCGRAW v. STATE OF FLORIDADistrict Court of Appeal of Florida · 2018

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