Where defendant was unlawfully stopped after making an otherwise proper turn to evade a sobriety checkpoint, the officer's observations of defendant were the fruit of the unconstitutional search and defendant's motion for suppression in his trial for refusing to take a breathalyzer test should have been granted; since those observations were necessary to prove an essential element of the offense, defendant's conviction is reversed.
November 21, 2005 at 12:00 AM
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