Legal Opinion
Heles v. South Dakota
District Court, D. South Dakota
Decided January 21, 1982No. Civ. 79-4077PublishedCited by 21 opinions
1Opinion of the Court
MEMORANDUM DECISION
NICHOL, Senior District Judge.
This case brought by Patrick Heles (Heles) and Kent Braunsreither (Braunsreither) challenges the procedures employed in South Dakota when a person is arrested for DWI, informed of his or her rights under the Implied Consent Statute 1 , and the person is requested to submit to a chemical sobriety test. More specifically the plaintiffs allege that it is an unconstitutional denial of Fifth, Sixth and Fourteenth Amendment rights for the arresting officer to refuse to allow the arrested person to consult with an attorney prior to deciding whether to…
2Cases cited31 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Bell v. BursonSupreme Court of the United States · 1971
- Orozco v. TexasSupreme Court of the United States · 1969
- Dixon v. LoveSupreme Court of the United States · 1977
- Prideaux v. State Dept. of Public SafetySupreme Court of Minnesota · 1976
26 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Sites v. StateCourt of Appeals of Maryland · 1984
- State v. JonesSupreme Judicial Court of Maine · 1983
- State v. ReitterWisconsin Supreme Court · 1999
- Patrick Heles v. State of South Dakota Driver Improvement Program, South Dakota Department of Public SafetyCourt of Appeals for the Eighth Circuit · 1982
- Commonwealth v. BrazeltonMassachusetts Supreme Judicial Court · 1989
16 more not listed; retrieve them via the Exa API.