State v. Tierney

I continue to adhere to my views expressed in State v. Ankney, 109 Idaho 1, 704 P.2d 333 (1985) — a case similar to today’s case — wherein I stated that an arresting police officer may not seize a driver’s license. There I hoped to make it clear that an individual is entitled to the right of counsel before being required to submit to an evidentiary test for alcohol concentration. On either of those bases would I reverse the district court today, which affirmed the magistrate court’s decision to the contrary.

Today’s case also raises several additional issues erroneously handled by the major:…