State v. Nielsen

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The Supreme Court affirmed the decision of the district court affirming the judgment of the circuit court denying Defendant’s motion to suppress based upon the exclusionary rule’s good faith exception, holding that there was no plain error. After having submitted to a blood draw performed before the United States Supreme Court’s decision in Birchfield v. North Dakota, __ U.S. __ (2016), Defendant was convicted for driving under the influence. Defendant appealed the denial of his motion to suppress evidence obtained from the traffic stop and warrantless blood draw, arguing that the exclusionary rule’s good faith exception did not apply in this case and that the State failed to raise the issue in the county court. The district court affirmed. The Supreme Court affirmed, holding (1) this Court’s holding in State v. Hoerle, 901 N.W.2d 327 (2017), controls, and the district court did not err in performing its review for plain error; and (2) there was no plain error in applying the good faith exception to warrantless pre-Birchfield blood draws or in determining that the State raised the good faith exception. View "State v. Nielsen" on Justia Law