TOPEKA — The Kansas Supreme Court will hear arguments in a case of Gregory Michael Nece that originated in Saline County on Friday, According to the Office of Judicial Administration.

Nece was arrested for driving under the influence of alcohol or drugs. Prior to trial, Nece filed motions to suppress evidence alleging that: 1) there was no probable cause for the DUI arrest; 2) that the implied consent law is unconstitutional on its face and as applied regarding a preliminary breath test; 3) that the implied consent law is unconstitutional on its face and as applied regarding evidentiary breath testing; and 4) that law enforcement failed to obtain knowing, intelligent, and voluntary consent free of duress or coercion.

The district court found that the implied consent advisory provided to Nece was inherently coercive and suppressed Nece’s breath test result.

The state filed a notice of interlocutory appeal from the district court’s suppression order.

The Court of Appeals reversed the district court’s judgment and remanded the case for further proceedings. In February 2016, the Kansas Supreme Court found K.S.A. 8-1025 infringes on fundamental rights arising under the Fourth Amendment to the United States Constitution.

In June 2016, the United States Supreme Court in Birchfield v. North Dakota held that the Fourth Amendment permits warrantless breath tests incident to arrests for drunk driving. Issue on review is whether the district court correctly determined that the warrantless search conducted on Nece constituted a clear violation of Nece’s Fourth Amendment rights under the United States Constitution.