State v. Kaylor

Blackburn, Judge.

The State does not enumerate as error, or argue on appeal, the trial court’s exclusion of the breathalyzer test based on the State’s failure to accommodate Kaylor’s request for an independent blood test pursuant to OCGA § 40-6-392. Rather, the State’s appeal and enumeration of error is limited to the issue of whether Rieck’s initial contact with Kaylor violated Kaylor’s Fourth Amendment rights, and that is the only issue which we address. For the reasons set forth below, we reverse.

“When reviewing a trial court’s decision on a motion to suppress, this court’s responsibility…