Is a police officer's failure to advise an arrestee of the appropriate legal tests available or to honor the arrestee's choice of a particular test?
California, United States of America
The following excerpt is from Ritschel v. City of Fountain Valley, 137 Cal.App.4th 107, 40 Cal.Rptr.3d 48 (Cal. App. 2006):
More apropos to the present appeal, case law has rejected contentions that a failure to advise an arrestee of the tests available or to honor the arrestee's choice of a particular test amounts to a constitutional violation. (People v. Ryan (1981)
[40 Cal.Rptr.3d 57]
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