Category Archives: Drug or alcohol testing

IA: SW for taking blood includes testing it

The search warrant authorized taking defendant’s blood so it impliedly permitted testing it as well. The expectation of privacy is already reduced by the blood draw by authorization of law. State v. Frescoln, 2017 Iowa App. LEXIS 1227 (Dec. 6, … Continue reading

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

AlterNet: Wisconsin Governor Walker’s Plan to Drug Test Food Stamp Applicants Would Be Wasteful, Ineffective and Perhaps Unconstitutional

AlterNet: Wisconsin Governor Walker’s Plan to Drug Test Food Stamp Applicants Would Be Wasteful, Ineffective and Perhaps Unconstitutional by Widney Brown It’s yet another attempt to stigmatize and criminalize people living in poverty.

Posted in Administrative search, Drug or alcohol testing | Comments Off

IL: ER blood draw was private search for diagnostic purposes

“The mere filing of a motion [to suppress] is not proof that a search occurred.” Defendant first failed to prove that he was the subject of the search. Second, even if it was assumed, the hospital took the blood draw … Continue reading

Posted in Apparent authority, Body searches, Drug or alcohol testing, Private search | Comments Off

Michigan Daily: Libertarians protest roadside drug-testing program

Stunning, the chutzpa of the Michigan State Police: Michigan Daily: Libertarians protest roadside drug-testing program by Leah Graham:

Posted in Drug or alcohol testing, Roadblocks | Comments Off

OR: Exigency-based entry into house for DUI arrest requires proof of exigency, and here it was lacking

Here the officer entered defendant’s home in a DUI case to seize him for evidence of his intoxication. Exigency can permit an entry, but the state has the burden of proof on exigency, and here it failed to prove the … Continue reading

Posted in Arrest or entry on arrest, Drug or alcohol testing, Emergency / exigency | Comments Off

TX13: If a motion to suppress was made under McNeely it would have been granted; def received IAC

Defense counsel’s misapprehension of the application of McNeely to blood test results was ineffective assistance of counsel. If a motion to suppress had been made, it would have been granted. Briggs v. State, 2017 Tex. App. LEXIS 10891 (Tex. App. … Continue reading

Posted in Drug or alcohol testing, Ineffective assistance, Subpoenas / Nat'l Security Letters | Comments Off

GA: Def not compelled to perform breath tests, so no self-incrimination issue

Defendant was not compelled to perform breath tests, so the Fifth Amendment’s self-incrimination clause did not apply. State v. Council, 2017 Ga. App. LEXIS 531 (Oct. 30, 2017).* In a Franks challenge, “The Court is tasked with reassessing the probable … Continue reading

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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

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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

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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:

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