Category Archives: Drug or alcohol testing

OH5: Def’s refusal to stop digging in pockets during traffic stop was RS for frisk

Defendant’s erratic behavior during a stop was reasonable suspicion when he also refused to stop digging around in his pockets. State v. Imani, 2017-Ohio-8113, 2017 Ohio App. LEXIS 4469 (5th Dist. Oct. 5, 2017). The trial court did not err … Continue reading

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

NM: Def raised the Birchfield issue in trial court, and it applied even though case not decided until on appellate review

Birchfield applied to a case on appeal where defendant raised the issue at trial and Birchfeild came down during appellate review. State v. Vargas, 2017 N.M. LEXIS 71 (Oct. 5, 2017). When defendant was told to “take a seat” in … Continue reading

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

Marianas Variety: AG says random drug tests in GovGuam forbidden, with some exemptions

After seeing at least a half dozen news articles on this, finally I’ll post something while Guam still exists: Marianas Variety: AG says random drug tests in GovGuam forbidden, with some exemptions:

Posted in Drug or alcohol testing | Comments Off

WA: Periodic pretrial urine testing for DUI violated state constitution

The conditions of periodic urine testing imposed on the defendants as a condition of pretrial release for DUI were invalid under the state constitution because the defendants did not suffer a diminution in their privacy interests sufficient to justify the … Continue reading

Posted in Consent, Drug or alcohol testing, State constitution | Comments Off

NM: “Birchfield does not prohibit the introduction of evidence of, and commentary on, evidence establishing a defendant’s refusal to take a blood test.”

“Birchfield does not prohibit the introduction of evidence of, and commentary on, evidence establishing a defendant’s refusal to take a blood test.” State v. Storey, 2017 N.M. App. LEXIS 75 (Sept. 28, 2017):

Posted in Drug or alcohol testing | Comments Off

NY4: Drug testing condition of probation unenforceable without showing def needs it

Defendant’s drug testing condition of probation is unenforceable because there were no findings of drug or alcohol abuse in his past to justify it. People v. Saraceni, 2017 NY Slip Op 06732, 2017 N.Y. App. Div. LEXIS 6746 (4th Dept. … Continue reading

Posted in Drug or alcohol testing, Probation / Parole search | Comments Off

NE: Birchfield was decided day after def’s DUI conviction; GFE applies

Defendant was convicted of DUI the day before Birchfield was decided, and he moved for a new trial. The trial court denied the motion, and he appeals. The good faith exception applies to that which happened before Birchfield (without even … Continue reading

Posted in Drug or alcohol testing, Good faith exception | Comments Off

MI: Consent to draw blood includes consent to test it

Defendant consented to a draw of blood for testing, and a separate warrant isn’t required for testing under the Fourth Amendment. The collection and testing of blood are “a single event for fourth amendment purposes.” United States v. Snyder, 852 … Continue reading

Posted in Consent, Drug or alcohol testing | Comments Off

Natl.L.Rev.: The Utah Blood Draw Story: Drawing Unwarranted Conclusions

Natl.L.Rev.: The Utah Blood Draw Story: Drawing Unwarranted Conclusions by David J. Edquist & Aaron M. Smith:

Posted in Drug or alcohol testing, Excessive force, Police misconduct | Comments Off

A.F.Ct.Crim.App.: Retest of inconclusive UA was reasonable

The military judge erred in suppressing the results of a second “reinspection” UA administered as a base protocol after a first UA after an AWOL come up positive, diluted, or inconclusive. It was a reasonable command imposed requirement. United States … Continue reading

Posted in Drug or alcohol testing, Military searches, Reasonableness, Seizure | Comments Off