Legal Opinion
State v. Berker
Supreme Court of Rhode Island
Decided August 24, 1978No. 76-90-AppealPublishedCited by 11 opinions
1Opinion of the CourtBevilacqua, C.J.
James Berker was tried before a justice of the Superior Court and convicted of driving under the influence of liquor in violation of G.L. 1956 (1968 Reenactment) §31-27-2. He is before us challenging the legality of his arrest and the admissibility into evidence of the breathalyzer results seized following that arrest.
On March 18, 1973, at approximately 1:41 a.m., Warwick police officers were dispatched to the scene of a two-car accident on Narragansett Parkway. Officer Lytle testified that when he arrived, defendant staggered towards him. The officer stated that defendant’s eyes were…
2Cases cited19 opinions
- Miranda v. ArizonaSupreme Court of the United States · 1966
- Schneckloth v. BustamonteSupreme Court of the United States · 1973
- Carroll v. United StatesSupreme Court of the United States · 1925
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Ker v. CaliforniaSupreme Court of the United States · 1963
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3Cited by11 opinions
- Allen v. City of MariettaDistrict Court, N.D. Georgia · 1985
- State v. DiStefanoSupreme Court of Rhode Island · 2000
- State v. LockeSupreme Court of Rhode Island · 1980
- In Re KeanSupreme Court of Rhode Island · 1987
- State v. TimmsSupreme Court of Rhode Island · 1986
6 more not listed; retrieve them via the Exa API.