Fitzgerald v. Colorado

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In 2013, Detective Billy Todis saw defendant Daniel Fitzgerald driving erratically with a headlight out, so he pulled him over and asked him to produce his driver’s license, registration, and proof of insurance. While Fitzgerald struggled to find these documents, Detective Todis smelled alcohol in the car and noticed Fitzgerald had watery eyes. He asked Fitzgerald whether he had been drinking. Fitzgerald said he had consumed one beer. The detective asked Fitzgerald to perform voluntary roadside sobriety maneuvers. Fitzgerald declined. Colorado law provided that if a driver is suspected of driving under the influence of alcohol and refuses to take a test to determine the alcohol concentration of his blood or breath, then that refusal can be used as evidence against him at trial. The issue this case presented for the Colorado Supreme Court's review was whether the use of this “refusal evidence” violated a defendant’s Fourth Amendment right to be free from unreasonable searches. The Court concluded it did not. View "Fitzgerald v. Colorado" on Justia Law