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Keywords

trialgood faith

precedentappealtrialgood faith

Related Cases

Valenzuela, Matter of

Facts

In August 2012, Francisco Valenzuela was found asleep in his truck with the engine running and an open container of alcohol present. After arresting him on suspicion of DUI, the officer read him an 'admin per se' form stating that Arizona law required him to submit to tests of breath and blood. The officer emphasized this requirement multiple times, warning that refusal would result in a license suspension. Valenzuela cooperated and submitted to the tests, which indicated a high alcohol concentration, leading to charges against him.

After taking Valenzuela to a police station, the officer read Valenzuela an 'admin per se' form, which provided, in part, that 'Arizona law requires you to submit to and successfully complete tests of breath, blood or other bodily substance as chosen by a law enforcement officer to determine alcohol concentration or drug content.' The officer stressed this 'requirement' three additional times and warned that refusal would result in a one-year suspension of Valenzuela's driver's license.

Issue

Did Valenzuela freely and voluntarily consent to the blood and breath tests after being informed by the officer that Arizona law required him to submit to such testing?

The issue here is whether, for Fourth Amendment purposes, a driver arrested for DUI voluntarily consented to give samples of his blood and breath after a police officer advised him that 'Arizona law requires you to submit' to breath, blood or other bodily substance tests chosen by law enforcement.

Rule

Consent to a search must be freely and voluntarily given, and cannot be deemed voluntary if it is merely acquiescence to a claim of lawful authority. The State bears the burden of proving that consent was given voluntarily.

Consent cannot be deemed to be given 'freely and voluntarily' if the subject of a search merely acquiesces to a claim of lawful authority.

Analysis

The court analyzed the totality of the circumstances surrounding Valenzuela's consent, noting that the officer's repeated admonition about the legal requirement to submit to testing implied coercion. Despite this, the court found that the officer acted in good faith, believing the admonition was lawful, which allowed for the application of the good faith exception to the exclusionary rule.

Valenzuela argues that, under Bumper, his consent to providing blood and breath samples must be deemed involuntary because he consented only after the officer advised that Arizona law required him to submit to testing. The State responds, and the court of appeals majority agreed, that Bumper is distinguishable, and the totality of the circumstances evidences Valenzuela's voluntary consent to the search.

Conclusion

The court affirmed the trial court's decision, concluding that while Valenzuela's consent was not voluntary, the good faith exception applied, and thus the test results were admissible.

We hold that showing only that consent was given in response to this admonition fails to prove that an arrestee's consent was freely and voluntarily given. Because the admonition in this case was given in good faith reliance on precedent, however, exclusion of the test results is neither appropriate nor required.

Who won?

The State prevailed in the case because the court found that the officer acted with a reasonable good-faith belief in the legality of the admonition, allowing the test results to be admitted despite the lack of voluntary consent.

The majority examined the totality of the circumstances and concluded that the trial court did not err in finding Valenzuela's consent voluntary.

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