Port: We do not have Fourth Amendment rights if the government can punish us for exercising them
North Dakota’s Supreme Court is weighing a case that cuts to the heart of constitutional protections. At issue is whether a man charged in a fatal crash could be threatened with an added criminal charge for refusing a breath test. His defense argues the test was coerced, violating the Fourth Amendment. Prosecutors disagree, saying implied consent laws apply. The outcome could shape how far the state can go in enforcing DUI laws—and whether exercising a right can itself be treated as a crime. For the full breakdown, read Rob Port’s column on Inforum linked below.
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