holding that police officers did not violate the Fourth Amendmetn when they failed to inform suspects arrested for driving under the influence (DUI) of their choice of alcohol tests, pursuant to California's implied consent statute. The court reasoned that suspects do not have to be advised of their Fourth Amendment rights, much less their statutory rights. Therefore, the Fourth Amendment did not require police officers to advise DUI suspects of their right to choose among breath, blood, or urine tests, even though the California statute required that arrestees be informed of these options.Summary of this case from State v. Simpson
November 9, 1998.
C.A. 7th Cir. Certiorari denied. Reported below: 138 F. 3d 1219.