Arizona Supreme Court
State of Arizona, Appellee v. Courtney Noelle Weakland, Appellant. — Pelander, J., Dissenting
February 25, 2019246 Ariz. 67
Summary
Justice Pelander dissented from applying the good-faith exception to admit blood-draw evidence obtained after Weakland was twice told that Arizona law required her to submit to testing. He reasoned that, after the court had clarified that warrantless blood draws require voluntary consent under the totality of the circumstances, reliance on the admonition alone was objectively unreasonable and the law was at least unsettled. He would have applied the exclusionary rule and reversed the order denying suppression.