Category Archives: Drug or alcohol testing

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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OH11: Plain view during FD response to fire leading to call to police was reasonable

Defendant’s house burned in a fire, and the fire investigator came in before the firemen left. Drugs were found in plain view and in a safe with an open door. The trial court suppressed, but the court of appeals reversed. … Continue reading

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Cal.2d: Unconscious driver’s serious injury was exigency for warrantless blood draw

“When a driver is unconscious, the general rule is a warrant is not needed. (Mitchell, supra, 139 S.Ct. at p. 2531.) The Fourth Amendment “almost always” permits a warrantless blood test when police officers do not have a reasonable opportunity … Continue reading

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E.D.Mich.: Finding drugs on person during traffic custodial arrest permits vehicle search

Defendant’s stop was valid because the LPN was expired. While that proved to be untrue, the officer also learned early on the car was uninsured. With defendant arrested, the officer searched his person finding cocaine. That authorized a search of … Continue reading

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CA1: Arrest for DV was with PC despite disputed self-defense claim

Plaintiff was arrested for domestic violence, asserting he was defending himself. When the state charges were dropped, he sued the officer. His version of the facts do not unequivocally support self-defense or defense of premises, so the officer gets qualified … Continue reading

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TX5: Consent to a blood draw is also consent to its testing

Consent to a blood draw is also consent to its testing. Schulz v. State, 2021 Tex. App. LEXIS 7748 (Tex. App. – Dallas Sept. 21, 2021). “Citizens have long-cherished constitutional rights which deserve our protection. Law enforcement officers have difficult … Continue reading

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CA1: Exigencies of dealing with a DUI crash and death made it reasonable to dispense with SW for BAC

Defendant was charged with DUI deaths in a national park. The exigencies of dealing with the crash and its aftermath justified the delay in BAC testing and getting it without a warrant. United States v. Manubolu, 20-1871 (1st Cir. Sept. … Continue reading

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M.D.Fla.: SW for cell phone permitted accessing his apps via internet with phone

The search warrant for defendant’s cell phone was issued with probable cause. The permissible scope of search included applications on the phone but having to go to the internet via the app. Moreover, the warrant for searching the phone included … Continue reading

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IA: Two employees erroneously made “safety sensitive” for workplace drug testing

In this employee drug testing case, the employer wrongly classified two employees as “safety sensitive.” “Courts that have considered whether a position was ‘safety sensitive’ for purposes of satisfying Fourth Amendment or statutory protections likewise focus on the specific requirements … Continue reading

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WI: Warrantless blood draw from incapacitated driver unconstitutional

Wisconsin’s statute allegedly permitting blood draws of incapacitated drivers is unconstitutional for lack of actual consent, but the good faith exception saves it today. State v. Prado, 2021 WI 64, 2021 Wisc. LEXIS 98 (June 18, 2021):

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PA: DUI with agg. assault was sufficiently exigent to dispense with SW for BAC

Defendant was accused of DUI and aggravated assault, and the officer decided that the additional complexity of investigating the assault charge made a warrantless blood draw exigent. It didn’t matter that the state charged him with the assault two months … Continue reading

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