Category Archives: Drug or alcohol testing

CA10: Random drug testing of juvenile detention supervisors was reasonable

The special needs doctrine justified warrantless random drug testing of juvenile detention officers. A documented problem of drug abuse is not required before they can be tested. The government satisfies its burden for random drug testing in this context balanced … Continue reading

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AZ: Non-consensual blood draw DUI provision is unconstitutional as applied, but the Davis GFE applies

Non-consensual blood draw DUI provision is unconstitutional as applied, but the Davis good faith exception applies here. Defendant was airlifted to a Nevada hospital for the blood draw. The trial court didn’t make findings on whether Nevada or Arizona law … Continue reading

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ME: Def’s mere acquiescence to his blood draw was not consent

Defendant’s mere acquiescence in his blood draw was not consent, and the trial court’s suppression order is affirmed. Implied consent no longer exists by statute, and the state had to prove consent. The trial court held that it did not, … Continue reading

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WI: The low threshold for def’s BAC level contributed to exigent circumstances

Defendant was unconscious after hitting a deer with his motorcycle when his blood was drawn in the hospital. There was probable cause, and, because of the delay, the officer reasonably concluded there were exigent circumstances because defendant’s offense threshold was … Continue reading

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NE implied consent law was unconstitutional as applied here, but not on its face

“In this instance, without a warrant, nor exigent circumstance, the State could only rely upon the exception of a warrantless search incident to a lawful arrest for drunk driving in order to demand a blood test from McCumber. With the … Continue reading

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D.Neb.: Govt proved inventory valid and not pretext; there was also PC for the search

Defendants were arrested for robbery, and they objected to the R&R as failing to consider that the inventory of the vehicle was a pretext for an investigative search. The court finds that the policy on inventory was followed and that … Continue reading

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GA on implied consent

The trial court properly granted the motion to suppress. The evidence showed that defendant was extremely intoxicated and confused during her encounter with the officer, and that supporting the conclusion that she did not voluntarily consent to the blood test, … Continue reading

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ID: Implied consent remains an exception to the warrant requirement under McNeely

Implied consent remains an exception to the warrant requirement under McNeely. State v. Ortega-Vastida, 2017 Ida. App. LEXIS 15 (Feb. 9, 2017):

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AZ: Implied consent to treatment must be shown for obtaining blood sample from medical care provider for DUI

When a DUI suspect is unconscious, the state must still prove at least implied consent to medical treatment to get a blood draw from the medical care provider. State v. Nissley, 2017 Ariz. LEXIS 24 (Feb. 1, 2017), vacating 238 … Continue reading

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NJ: Passenger’s furtive movements justify ordering him from car

A passenger’s furtive movements can justify ordering him out of the car. As an aside, the court chides defense counsel for not addressing the issue before appeal so the parties could develop the record. [Most other states would say it … Continue reading

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