Category Archives: Drug or alcohol testing

OK: State blood draw statute was suspect, but GFE applies

The state blood draw is constitutionally suspect, but the court doesn’t have to go there. The officer’s actions in relying on it was still good faith. Stewart v. State, 2019 OK CR 6, 2019 Okla. Crim. App. LEXIS 8 (May … Continue reading

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M.D.Fla.: CSLI order 3½ months before Carpenter was valid under GFE; officers not expected to know what SCOTUS will do

CSLI order issued 3½ months before Carpenter was valid under good faith exception. Officers were not expected to know what SCOTUS would do. United States v. Turner, 2019 U.S. Dist. LEXIS 81011 (M.D. Fla. May 14, 2019). The law supported … Continue reading

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PA: Philly’s DUI consent form valid under Birchfield

The Philadelphia P.D.’s DUI consent form is facially valid and doesn’t violate Birchfield. Commonwealth v. Geary, 2019 PA Super 149, 2019 Pa. Super. LEXIS 440 (May 6, 2019).* State law provides a mechanism to challenge an alleged illegal search by … Continue reading

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Cal.5: Probation search condition applies to BAC blood draw

Defendant was on probation for DWI. His warrantless probation search condition applied to determining his BAC level. People v. Cruz, 2019 Cal. App. LEXIS 384 (5th Dist. Apr. 25, 2019). This condition was imposed for another DWI. Why wouldn’t a … Continue reading

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ScotusBlog: Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver

ScotusBlog: Argument analysis: Justices debate warrantless blood draw for unconscious drunk driver by Amy Howe:

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PBS: Police are now taking roadside blood samples to catch impaired drivers

PBS: Police are now taking roadside blood samples to catch impaired drivers by Jenni Bergal:

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ScotusBlog: Argument preview: Justices to weigh constitutionality of state law allowing blood test of unconscious drivers without a warrant

ScotusBlog: Argument preview: Justices to weigh constitutionality of state law allowing blood test of unconscious drivers without a warrant by Amy Howe re Mitchell v. Wisconsin being argued April 23, 2019.

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OH4: Ohio implied consent statute for blood draw survives Birchfield

“It is true that the United States Supreme Court has recently determined, in Birchfield v. North Dakota, 136 S.Ct. 2160, 2162, 2172-2186 (2016), that ‘the taking of a blood sample or the administration of a breath test is search[,]’ and … Continue reading

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TX: Warrantless seizure of blood drawn at hospital for diagnostic purposes unreasonable

The trial court properly granted defendant’s motion to suppress challenging the State’s seizure and search of vials of his blood drawn at a hospital for medical purposes. The government’s testing constituted a warrantless search of his blood sample in violation … Continue reading

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Cal. App. Div.: Driver being told he had to submit to a BAC test wasn’t consent at all

The officer here told defendant that he had to submit to a blood test, so there was no voluntary consent. “Here, the officer violated section 655.1 by telling defendant he had to choose instead of requesting that he submit to … Continue reading

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LA1: Protective sweep completely unjustified and suppressed

Police surveilled defendant’s home for two hours before he arrived to arrest him. In that two hours, there was nothing that suggested anybody else was in the house. When police arrested him, they conducted a protective sweep which was facially … Continue reading

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ND: Refusal for BAC test came after SW and not from impled consent law

Defendant’s refusal for a BAC test didn’t come until after a warrant issued, and the implied consent law wasn’t material. State v. Nice, 2019 ND 73, 2019 N.D. LEXIS 65 (Mar. 13, 2019). Defendant moved to set aside his plea … Continue reading

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