Category Archives: Drug or alcohol testing

Reason: Study Estimates Roadside Drug Tests Result in 30,000 Wrongful Arrests Every Year

Reason: Study Estimates Roadside Drug Tests Result in 30,000 Wrongful Arrests Every Year by C.J. Ciaramella (“Roughly 30,000 people every year may be getting wrongfully arrested and jailed because of police departments’ widespread use of unreliable roadside field tests for … Continue reading

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Cal.4: Def passed out 45 min. after arrival at hospital; officer’s failure to get SW for blood draw was inexcusable, so no GFE either

Defendant was transported to the hospital after a vehicle accident. The officer was attempting to talk to him. Defendant was lethargic and had a hard time answering questions. About 45 minutes into the hospital stay, he passed out. Blood was … Continue reading

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S.D.Ohio: Evidence in plain view may be seized during protective sweep

It was permissible for officers to seize firearms seen in plain view during this protective sweep. United States v. Riley, 2023 U.S. Dist. LEXIS 198798 (S.D. Ohio Nov. 6, 2023). “Given the totality of the circumstances and the numerous distinctions … Continue reading

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E.D.N.Y.: Police officer’s drug test while on sick leave for work injury was justified by RS

Plaintiff is a Suffolk County police officer on work-related sick leave. He was ordered to take a drug test while off, and the court finds it a search and done on reasonable suspicion. Volpe v. Ryder, 2023 U.S. Dist. LEXIS … Continue reading

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NYT: In Poland, Testing Women for Abortion Drugs Is a Reality. It Could Happen Here.

NYT: In Poland, Testing Women for Abortion Drugs Is a Reality. It Could Happen Here. by Patrick Adams:

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M.D.Tenn.: Repeatedly re-asking for consent to search cell phone doesn’t make it coercive

“Guerrero argues he was coerced into consenting to the search because the agents continued to ask for consent after he avoided answering the question and they threatened to obtain a search warrant if he did not consent. True, the agents … Continue reading

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MO: Failure to allow DUI suspect to contact lawyer before BAC test doesn’t require suppression

The state’s statutory failure to allow defendant to contact a lawyer before a BAC test doesn’t require suppression of the BAC test. Dunbar v. Dir. of Revenue, 2023 Mo. App. LEXIS 582 (Aug. 15, 2023). “Movant provides no facts or … Continue reading

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CA4: Not clearly established that VA DOC can’t drug test a Telecommunications Network Coordinator

Qualified immunity applies to the Virginia DOC directing a drug test of a Telecommunications Network Coordinator. “After VDOC fired Garrett for declining a random drug test, Garrett sued, alleging that VDOC employees violated his Fourth Amendment rights by applying VDOC’s … Continue reading

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E.D.Cal.: 30-minute seizure of cell phone in school that was never searched was not unreasonable

Seizure of a cell phone in school for 30 minutes that was not searched at all was not unreasonable. McGuire v. Roseville Joint Union High Sch. Dist., 2023 U.S. Dist. LEXIS 98392 (E.D. Cal. June 5, 2023).* The warrantless blood … Continue reading

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MD: Consent to search computer was withdrawn before search

Defendant signed a consent to search his computer hard drive to the US Army CID, but, once lawyered up, he effectively withdrew the consent a week later. The hard drive was searched after the withdrawal of consent, and the search … Continue reading

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CA6: Carpenter not retroactive and doesn’t support successor habeas

Carpenter doesn’t suffice for a successor habeas. Besides, he’d lose on the merits. “Taylor cannot meet the statutory criteria for filing a second or successive habeas corpus petition. First, he does not rely on any newly discovered evidence. Second, ‘the … Continue reading

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CA9: Absolute immunity for DA advising on a SW application

A DA advising police on a second search warrant was prosecutorial, not investigatory, for immunity purposes. Haworth v. City of Walla Walla, 2022 U.S. App. LEXIS 21370 (9th Cir. Aug. 2, 2022). Local court rule for drug testing of bailbondsman … Continue reading

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NE: State showed exigency for warrantless blood draw

Driver’s going in and out of consciousness at the scene of a wreck was probable cause for a blood draw. Medical treatment at ER would interfere with it. “This case presents a textbook case of exigent circumstances under Mitchell.” State … Continue reading

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CA11: Anonymous tip of bad driving corroborated by seeing it themselves

Anonymous report of bad driving led officers to observe defendant who saw it themselves. The stop was justified. United States v. Menendez, 2022 U.S. App. LEXIS 18232 (11th Cir. July 1, 2022). Defendant was suspected of building, buying, and selling … Continue reading

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CA9: Inventory of backpack no one would claim was reasonable

The seizure and inventory of a backpack in a car was reasonable where neither of the occupants could say who it belonged to. United States v. Montano, 2022 U.S. App. LEXIS 17544 (9th Cir. June 24, 2022).* Plaintiff cannot claim … Continue reading

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WI: On remand in Mitchell v. Wisconsin blood draw reasonable

On remand from Mitchell v. Wisconsin, 139 S. Ct. 2525, 2539 (2019), defendant’s blood draw was reasonable. State v. Mitchell, 2022 Wisc. App. LEXIS 518 (June 15, 2022): When the Mitchell Court remanded this case, it did so for a … Continue reading

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W.D.Ky.: Crime victim with animosity toward def is not unreliable CI just because of that

A crime victim isn’t unreliable for informant hearsay just because of animosity toward the defendant. United States v. Collins, 2022 U.S. Dist. LEXIS 63999 (W.D.Ky. Feb. 7, 2022). The trial court erred in finding defendant’s consent to a blood draw … Continue reading

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WI: After suppression of blood BAC test in hospital, SDT for hospital’s own test reasonable and independent

“After crashing his car, Daniel Van Linn was taken to the hospital, where two blood tests were performed: the first one by the hospital for diagnostic and treatment purposes; a later one at the direction of a sheriff’s deputy for … Continue reading

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VI: Def’s incapacity not bar to BAC blood draw and implied consent

Defendant’s incapacity does not nullify his implied consent to a BAC blood draw by statute. People v. Joseph, 2022 VI SUPER 12, 2022 V.I. LEXIS 16 (Jan. 27, 2022) (10 months from suppression hearing to order). A nonprosecution agreement does … Continue reading

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CA2: Hand-to-hand transaction supports search incident

Hand-to-hand transaction as probable cause supports search incident to arrest. United States v. Campbell, 2022 U.S. App. LEXIS 6060 (2d Cir. Mar. 9, 2022). This is a prison employee drug testing case. The employee left the premises rather than submit … Continue reading

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