HERNANDEZ v. the STATE.
Court of Appeals of Georgia
1Opinion of the Court
Barnes, Presiding Judge.
*569 Amanda Hernandez appeals from the denial of her motion to suppress, as amended, the results of her blood test following her arrest for DUI. Because her consent to the blood test was premised on inaccurate information as to the consequences of refusing consent, we reverse the trial court's judgment.
"[O]n a motion to suppress, the State has the burden of proving that a search was lawful." (Punctuation and footnote omitted.) State v. Hammond , 313 Ga. App. 882 , 883-884, 723 S.E.2d 89 (2012) Thus, "when relying on the consent exception to the warrant requirement, the…
2Cases cited9 opinions
- Olevik v. StateSupreme Court of Georgia · 2017
- Williams v. StateSupreme Court of Georgia · 2015
- Deckard v. StateCourt of Appeals of Georgia · 1993
- Kitchens v. StateCourt of Appeals of Georgia · 2002
- State v. PeirceCourt of Appeals of Georgia · 2002
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3Cited by1 opinion
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