Pennsylvania v. Monarch

The Pennsylvania Supreme Court granted discretionary review to determine whether the enhanced sentence imposed on appellant Samuel Monarch due to his failure to submit to chemical testing was unconstitutional. The Superior Court acknowledged enhanced penalties for a failure to submit to warrantless blood testing violated the Fourth Amendment to the United States Constitution under Birchfield v. North Dakota, ___ U.S. ___, 136 S.Ct. 2160 (2016), but nevertheless determined appellant’s enhanced sentence was not unconstitutional because he also refused to submit to breath testing. The Supreme Court held the Superior Court erred in this regard and, accordingly, reversed that court’s order, vacated appellant’s judgment of sentence, and remanded for resentencing. View "Pennsylvania v. Monarch" on Justia Law