Category Archives: Drug or alcohol testing

NC: Warrantless blood draw from unconscious driver violated 4A

“We now address the application of the Supreme Court’s decisions in Birchfield v. North Dakota and Missouri v. McNeely to the situation at bar, specifically, the warrantless blood draw from defendant for purposes of determining blood alcohol content. We hold … Continue reading

Posted in Body searches, Drug or alcohol testing, Probable cause | Comments Off

CA5: 15 minute delay between traffic offense and stop wasn’t constitutionally “stale”

15 minute delay between traffic offense and stop wasn’t constitutionally “stale.” Also, collective knowledge applies to reasonable suspicion. United States v. Zuniga, 2017 U.S. App. LEXIS 9958 (5th Cir. June 5, 2017). The smell of alcohol after driving the wrong … Continue reading

Posted in Drug or alcohol testing, Staleness | Comments Off

SD: Jury instruction on refusal of UA in a drug case was proper

At the Sturgis motorcycle rally, an officer noticed a couple enter a porta potty at 1 am. Finding this unsual, he went up and listened. He heard something that barely suggested they weren’t using the facilities for the intended use … Continue reading

Posted in Abandonment, Consent, Drug or alcohol testing | Comments Off

PA: Once SW issues for clothes and DNA removed, no further warrant needed for DNA testing

DNA lawfully seized from defendant’s clothes did not require a separate warrant to test it. Defendant doesn’t have a reasonable expectation of privacy in his victim’s DNA on him. Once DNA is lawfully taken, there is no longer any reasonable … Continue reading

Posted in DNA, Drug or alcohol testing, Reasonable expectation of privacy | Comments Off

WA: Implied consent law now includes testing for THC influenced driving, and it’s constitutional

The implied consent law includes testing for THC concentration, and it is constitutional. Kandler v. City of Kent, 2017 Wash. App. LEXIS 1176 (May 15, 2017). Officers adequately explained date discrepancies in the paperwork and use of a search warrant … Continue reading

Posted in Burden of proof, Drug or alcohol testing | Comments Off

TN: Warrantless blood draw was exigent; seeking a warrant would delay it beyond 3 hours

The warrantless draw of defendant’s blood was justified on the basis of exigent circumstances. The officer acted reasonably by authorizing a warrantless blood draw so as to prevent a delay of over three hours before defendant’s blood could be preserved … Continue reading

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CA6: Officer arresting on warrant for failure to perform community service that was mistakenly issued had QI

The officer executing a warrant that should not have been issued by the court in the first place for plaintiff’s failure to perform his community service had qualified immunity. Beckham v. City of Euclid, 2017 U.S. App. LEXIS 8453 (6th … Continue reading

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D.Mont.: Search for gun outside house in curtilage was reasonable based on exigency or public safety

A search outside for a gun was reasonable for both public and officer safety. Officers responded to a domestic call at 2 am and there were four brothers there who concerned them. United States v. Sturdevant, 2017 U.S. Dist. LEXIS … Continue reading

Posted in Drug or alcohol testing, Reasonable suspicion, Reasonableness | Comments Off

Arkansas Times: State spends $30,000 drug testing TANF recipients for drugs, nabs 2

Think Progress: States spend millions to drug test the poor, turn up few positive results by Josh Isreal (“They spent $1.3 million to find just 369 drug users.”) My own state: Arkansas Times: State spends $30,000 drug testing TANF recipients … Continue reading

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CO: Unconscious [and dead] drivers have consented to a blood draw

Unconscious drivers have consented to a blood draw by statute, and it’s constitutional. People v. Hyde, 2017 CO 24, 2017 Colo. LEXIS 282 (April 17, 2017); People v. Simpson, 2017 CO 25, 2017 Colo. LEXIS 283 (April 17, 2017); Fitzgerald … Continue reading

Posted in Consent, Drug or alcohol testing, Informant hearsay | Comments Off