Jason S. Brown v. the Honorable Crane McClennen, Judge of Superior Court of the State of Arizona, in and for The…

Summary

The court held that Brown did not voluntarily consent to a warrantless blood draw because the deputy's admonition falsely conveyed that Arizona law required him to submit to testing. The court rejected inevitable discovery and declined to consider the good-faith exception because the State raised it too late, requiring suppression of the alcohol-concentration evidence and reversal of the convictions dependent on that evidence. The court also held that Brown lacked standing to challenge an inapplicable refusal statute and remanded for harmless-error review of the remaining conviction; Bales, C.J., concurring, agreed that consent was involuntary but otherwise joined the opinion.