Category Archives: Drug or alcohol testing

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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E.D.Ky.: RS started here with def’s justification for his actions on being a DEA informant

Defendant was validly stopped for a turn signal violation. During the stop, reasonable suspicion developed starting with defendant volunteering he was a DEA informant. United States v. Jackson, 2018 U.S. Dist. LEXIS 158598 (E.D. Ky. Sep. 18, 2018).* Defendant argued … Continue reading

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NE: Shots fired at car led to officers seeing likely kicked in door and blood on doormat and that was exigency

Officers responded to a call about shots fired hitting a car, and, at defendant’s apartment building, defendant and his cohort fled when the police approached. Possible blood was found on his doormat, and the door had a boot mark that … Continue reading

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OH5: Ptf stated claim for invasion of privacy that private drug tester had to observe genitalia

Plaintiff stated a claim for invasion of privacy that a private drug tester had to observe their genitals in a drug test. Lunsford v. Sterilite of Ohio, 2018-Ohio-3437, 2018 Ohio App. LEXIS 3725 (5th Dist. Aug. 27, 2018). “Failure to … Continue reading

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NPR: The Pot Breathalyzer Is Here. Maybe

NPR: The Pot Breathalyzer Is Here. Maybe by Eric Westervelt: As legalization of recreational and medical marijuana continues to expand, police across the country are more concerned than ever about stoned drivers taking to the nation’s roads and freeways, endangering … Continue reading

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MI: Def’s admission he took a sleeping pill before driving added to PC for his blood

The affidavit for the blood search warrant here included that defendant admitted taking some kind of sleeping pill before driving and getting in the accident. That was probable cause and the good faith exception applies in any event. People v. … Continue reading

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ME: Def was about to go into surgery after suspected DWI and accident; warrantless blood draw was with exigency and PC

Defendant was in a serious accident, and he was about to go into surgery. The blood draw at the request of the police was with exigent circumstances and probable cause. State v. Palmer, 2018 ME 108, 2018 Me. LEXIS 111 … Continue reading

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E.D.Wis.: Body cam video along with testimony showed consent voluntary

The body cam video of the encounter on the street shows that the consent was voluntary. United States v. Polnitz, 2018 U.S. Dist. LEXIS 120364 (E.D. Wis. July 19, 2018).* “[T]he trial court erred in determining that, following the Birchfield … Continue reading

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