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U.S. v. REID

Nos. 90-5485, 90-5793.

929 F.2d 990 (1991)

UNITED STATES of America, Plaintiff-Appellee, v. Elizabeth REID, Defendant-Appellant. UNITED STATES of America, Plaintiff-Appellee, v. Lucy BOYLAN, Defendant-Appellant.

United States Court of Appeals, Fourth Circuit.

Decided April 9, 1991.

Attorney(s) appearing for the Case

Joseph John McCarthy, Dawkins, Hanagan, McCarthy & Sengel, P.C., Alexandria, Va., for defendants-appellants.

Gordon Dean Kromberg, argued, Sp. Asst. U.S. Atty., (Henry E. Hudson, U.S. Atty., on brief Alexandria, Va.), for plaintiff-appellee.

Before ERVIN, Chief Judge, HALL, Circuit Judge, and NORTON, United States District Judge for the District of South Carolina, sitting by designation.

ERVIN, Chief Judge:

Elizabeth Reid and Lucy Boylan were both arrested for driving while intoxicated on the George Washington Memorial Parkway. Each was given a breathalyzer test and was subsequently convicted. On appeal, each asserts that the breathalyzer test constituted an unlawful search and seizure under the Fourth Amendment because her test was administered without a warrant. We assume that a breathalyzer test is a search for purposes of this appeal. However...

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