Legal Opinion

Yeong Sik Oh v. State

Court of Appeals of Georgia

Decided May 14, 2018No. A18A0642PublishedCited by 6 opinions

1Opinion of the Court

At the time the trial court considered Oh's motion to suppress (and at the time Oh filed his notice of appeal in this case), the Supreme Court had not yet issued its decision in Olevik v. State , 302 Ga. 228, 806 S.E.2d 505 (2017).5 In Olevik , the Supreme Court determined that a breath test provided by a DUI suspect after having been read the age-appropriate Georgia implied consent warning was not subject to analysis under the Fourth Amendment but was rather subject to a self-incrimination analysis under the Fifth Amendment and Article I, Section I, Paragraph XVI of the Georgia Constitution.…

2Cases cited4 opinions

  1. Olevik v. StateSupreme Court of Georgia · 2017
  2. Williams v. StateSupreme Court of Georgia · 2015
  3. The State v. DepolCourt of Appeals of Georgia · 2016
  4. The State v. Council.Court of Appeals of Georgia · 2017

3Cited by6 opinions

  1. Ammons v. StateSupreme Court of Georgia · 2022
  2. Emma Katherine Bergstorm v. StateCourt of Appeals of Georgia · 2018
  3. HOLLAND v. the STATE.Court of Appeals of Georgia · 2018
  4. Gelzer v. StateCourt of Appeals of Georgia · 2018
  5. Irving Bernard Gelzer v. StateCourt of Appeals of Georgia · 2018

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