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COMMONWEALTH v. McCARTHY

2019-SC-0380-DG.

628 S.W.3d 18 (2021)

COMMONWEALTH of Kentucky, Appellant v. Jared McCARTHY, Appellee

Supreme Court of Kentucky.

Court Order Denying Petition for Rehearing August 26, 2021.

Attorney(s) appearing for the Case

COUNSEL FOR APPELLANT: Daniel J. Cameron , Attorney General of Kentucky, Mark Daniel Barry , Assistant Attorney General.

COUNSEL FOR APPELLEE: Kathleen Kallaher Schmidt , Erin Hoffman Yang , Assistant Public Advocates.

In Birchfield v. North Dakota, ___ U.S. ___, 136 S.Ct. 2160, 195 L.Ed.2d 560 (2016), the United States Supreme Court altered the landscape in driving under the influence (DUI) investigations by announcing that the Fourth Amendment permits a warrantless breath test incident...

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