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Administrative Law Keyed to Schwartz
Powell v. Secretary of State
Citation:
614 A.2d 1303 (1992)Facts
Kershaw Powell was driving a vehicle that turned around before reaching a roadblock set up to detect drunk drivers. An officer pursued and stopped Powell, subsequently arresting him for operating under the influence after administering a blood-alcohol test. In the criminal proceeding, the District Court suppressed all evidence obtained following the stop, finding the officer lacked reasonable suspicion to justify the stop. Despite this ruling, Powell’s driver’s license was administratively suspended by the Secretary of State based on the arresting officer’s report and blood-alcohol test results. Powell requested an administrative hearing, arguing that the District Court’s suppression decision should be binding on the administrative proceeding and that the exclusionary rule should apply. The hearing examiner determined that the reasonableness of the stop was not at issue in the administrative proceeding and upheld the suspension.
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