STATE v. BUTLER

No. CV-12-0402-PR.

302 P.3d 609 (2013)

The STATE of Arizona, Petitioner, v. Hon. Jane A. BUTLER, Judge Pro Tempore of the Superior Court of the State of Arizona, in and for the County of Pima, Respondent Judge, Tyler B., Real Party in Interest.

Supreme Court of Arizona, En Banc.

May 30, 2013.


Attorney(s) appearing for the Case

Barbara Lawall , Pima County Attorney, by Nicolette Kneup , Deputy County Attorney, Tucson, Attorneys for State of Arizona.

Hernandez & Robles PC by Joshua F. Hamilton , Tucson, Attorneys for Tyler B.

Arizona Attorneys for Criminal Justice by David J. Euchner , Chandler, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

Nesci & St Louis PLLC by James Nesci , Tucson, Attorneys for Amicus Curiae National College of DUI Defense, Inc.

ACLU Foundation of Arizona by Daniel Pochoda , Kelly J. Flood , Phoenix, and Perkins Coie LLP by Jean-Jacques Cabou , Thomas D. Ryerson , Phoenix, Attorneys for Amicus Curiae ACLU Foundation of Arizona.

Juvenile Law Center by Lourdes M. Rosado , Philadelphia, PA, and Nuccio & Shirly by Jeanne Shirly , Tucson, Attorneys for Amici Curiae Juvenile Law Center, Center on Children and Families, Central Juvenile Defender Center, Children and Family Justice Center, The Children's Law Center Inc., Children & Youth Law Clinic, Civitas ChildLaw Center, Juvenile & Special Education Law Clinic/University of the District of Columbia, Juvenile Justice Project of Louisiana, Justice Policy Institute, National Association of Criminal Defense Lawyers, National Center for Youth Law, National Juvenile Defender Center, National Juvenile Justice Network, Northeast Juvenile Defender Center, Pacific Juvenile Defender Center, Public Defender Service for the District of Columbia, Rutgers School of Law Camden Children's Justice Clinic, Rutgers Urban Legal Clinic, San Francisco Office of the Public Defenders, University of Michigan Juvenile Justice Clinic, Neelum Arya, Tamara Birckhead, Susan L. Brooks, Michele Deitch, Jeffrey Fagan, Barbara Fedders, Barry Feld, Frank Furstenberg, Theresa Glennon, Martin Guggenheim, Kristin Henning, Randy Hertz, Paul Holland, Julie E. McConnell, James R. Merikangas, Wallace Mlyniec, Catherine J. Ross, Elizabeth Scott, Abbe Smith, and Barbara Bennett Woodhouse.


OPINION

BALES, Vice Chief Justice.

¶ 1 Arizona's implied consent statute, A.R.S. § 28-1321, outlines how law enforcement officers can obtain consent to blood and breath tests from persons arrested for driving under the influence ("DUI") and provides consequences for arrestees who refuse to submit to a test. Against this backdrop, we address whether the Fourth Amendment to the United States Constitution requires that a juvenile arrestee's consent...

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