Category Archives: Drug or alcohol testing

Cert. granted: Mitchell v. Wisconsin: Warrantless blood draws from the unconscious

ScotusBlog: Mitchell v. Wisconsin, 18-6210 (granted Jan. 11, 2019). Issue: Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement. Posted here: WI: Drinking and driving until unconsciousness obviates def’s … Continue reading

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CA11: Drug testing of substitute teacher applicants was reasonable

Drug testing of substitute teacher applicants was reasonable. School employment is different and protection of the environment of children is paramount. Friedenberg v. School Board of Palm Beach County, 2018 U.S. App. LEXIS 35905 (11th Cir. Dec. 20, 2018):

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IL: Fatal accident alone not PC for blood draw; no exigency argued either

Just because defendant was involved in a fatal accident where his passenger died, there wasn’t probable cause for a blood draw. The state did not argue exigent circumstances below or on appeal, but that would also require probable cause. People … Continue reading

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TX: Officers jumped the gun on facts for exigency based warrantless blood draw; suppression affirmed

Defendant was in a “catastrophic car crash” and was at the hospital. Officers suspected defendant had been driving under the influence. Medical treatment and IVs were expected, and a warrantless blood draw was done. It turned out that it was … Continue reading

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National Law Review: With Wide-Spread Legalization of Marijuana, Has A Public Employer’s Ability to Test for Marijuana Gone up In Smoke?

National Law Review: With Wide-Spread Legalization of Marijuana, Has A Public Employer’s Ability to Test for Marijuana Gone up In Smoke? by Ryan P. Heiden:

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NY1: Tossing backpack from car is waiver of REP

Defendant had no reasonable expectation of privacy in a backpack he tossed from a car as he was being stopped by the police. (This conviction was February 2013; nearly six years being decided on appeal.) People v. Febo, 2018 N.Y. … Continue reading

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E.D.Mich.: Govt showed basis to get SW for def’s blood to prove he wasn’t taking the oxy he was prescribed

Defendant’s oxycodone use was tipped to the police by an automated system that he was prescribed 50 oxys a day for five years [yet wasn’t dead]. “The indictment further alleges that from November 2012-November 2017, Defendant filled prescriptions on a … Continue reading

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KS: Def was removed from a van and her purse left behind; it wasn’t subject to search incident

Defendant was sitting in a van when she was gotten out and then arrested. Her purse was left behind. Her purse was not subject to a search incident when she’d been handcuffed and led away. The state’s argument that inevitable … Continue reading

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ME: First blood draw was potentially contaminated, so second was valid under exigent circumstances

The state showed by a preponderance of the evidence that there were exigent circumstances for a warrantless blood draw. Natural dissipation of alcohol alone is not an exigency under McNealy. The first blood draw was potentially contaminated, so a second … Continue reading

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IN: Pirtle on advice of rights before person in custody asked for consent doesn’t apply to DRE

Defendant has no right to counsel before being asked for consent to a DRE. Pirtle on advice of rights before obtaining consent from a person in custody doesn’t apply here. Dycus v. State, 2018 Ind. LEXIS 564 (Oct. 3, 2018):

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AZ: Exclusion not a remedy for violation of implied consent law

Exclusion of evidence for violation of the implied consent statute is not provided for by the statute nor required by the constitution. Soza v. Marner, 2018 Ariz. App. LEXIS 157 (Oct. 2, 2018):

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CA7: Officer at trial twice referring to def as “target” of search wasn’t reversible where court ordered jury to disregard

A police officer at trial twice referred to defendant as the “target of a search warrant.” The first was on direct and ordered struck and the jury directed to disregard. It happened again during cross of the same witness. Same … Continue reading

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