Category Archives: Drug or alcohol testing

Cal.3: The evidence supports the conclusion that def consented to his blood draw

Substantial evidence supported the finding that defendant consented to his blood draw. After the officer instructed her that the implied consent law required her to undergo a blood draw, defendant did not object or refuse to undergo the test, did … Continue reading

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TN: Hair follicle test of parents in juvenile court on less than PC was justified by special needs doctrine

The juvenile court here had justification to order a hair follicle test on defendant for drug use because of the high interest in protecting the children. The search was justified under special needs. That ultimately led to his prosecution. State … Continue reading

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NYDN: Mother sues Pittsburgh hospital for false-positive drug test during labor that led to child abuse probe

NYDN: Mother sues Pittsburgh hospital for false-positive drug test during labor that led to child abuse probe by Theresa Braine (“A western Pennsylvania mother is suing the hospital where she gave birth after it ran a drug test without her … Continue reading

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WY: Refusing to permit execution of SW for blood BAC supported obstruction conviction

Defendant was properly convicted of obstruction of a peace officer for refusing to permit a search of his blood under a search warrant. Garza v. State, 2020 WY 32, 2020 Wyo. LEXIS 34 (Mar. 4, 2020). “Bennett-Martin cannot recover compensatory … Continue reading

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S.D.Ga.: Bodycam video shows homeowner’s consent to entry over guest’s gun was voluntary

The owner of the house, captured on a bodycam video, consented to a search of the house for a firearm that defendant, an overnight guest, allegedly brought into the house. United States v. McRae, 2020 U.S. Dist. LEXIS 26680 (S.D. … Continue reading

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Policeone.com: The constitutionality of blood draws in DWI cases: 3 recent SCOTUS opinions

Policeone.com: The constitutionality of blood draws in DWI cases: 3 recent SCOTUS opinions by Mike Callahan (the lede is about arresting a nurse for refusing a blood draw: “This incident was certainly a bad day for Nurse Wubbels, but it … Continue reading

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WaPo: A mother briefly lost her newborn after failing a drug test. Her doctor suspects poppy seeds.

WaPo: A mother briefly lost her newborn after failing a drug test. Her doctor suspects poppy seeds. By Michael Brice-Saddler (“Rebecca Hernandez was forced to spend three days apart from her newborn boy as she awaited a confirmatory test, which … Continue reading

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ME: Statute requiring blood draw in fatal accident without PC violates 4A; but GFE applied here

Maine’s statute that requires a blood draw of the driver in a fatal or near fatal accident without probable cause violates the Fourth Amendment. Thus, the 2007 case upholding the statute is overruled. It cannot be categorized under the special … Continue reading

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NC: Obtaining blood sample by court order without PC or even RS suppressed

Blood draw evidence should have been suppressed because the order obtaining it was based on no showing of probable cause or even reasonable suspicion. Second degree murder conviction reversed. State v. Scott, 2020 N.C. App. LEXIS 69 (Jan. 21, 2020):

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NC: Reasonable force can be used for a DUI blood draw under SW when def refuses

Officers had a search warrant for defendant’s blood while he was in the hospital for an accident. Relying on United States v. Bullock, 71 F.3d 171 (5th Cir. 1995), the court concludes that reasonable force can be used to take … Continue reading

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FL5: State doesn’t get GFE on Birchfield where it came down day before def’s stop

Birchfield came down day before defendant’s arrest, and good faith exception isn’t applied. “Although it is understandable that a police officer might be unaware of the holding of a controlling court opinion within a day or two of its issuance, … Continue reading

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IL: State’s delay in getting blood draw showed no exigency for dispensing with warrant

State’s own delays in attempting to get a blood draw showed lack of exigency for it. People v. Eubanks, 2019 IL 123525, 2019 Ill. LEXIS 1235 (Dec. 5, 2019):

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