Category Archives: Drug or alcohol testing

OR: Appeal of order of mother in juvenile case to provide UAs affirmed for an insufficient appellate record

The mother of a juvenile was ordered to give observed UAs as a part of a dependency-neglect proceeding. She didn’t provide a sufficient appellate record to decide whether the trial court’s order violated the state constitution, so it’s affirmed. Dep’t … Continue reading

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TX remands blood draw from unconscious motorist under Mitchell v. Wisconsin

“Appellee was charged with felony driving while intoxicated after the State took a blood sample from him without a warrant and while he was unconscious. The trial court granted his motion to suppress his blood test results, and the court … Continue reading

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TX3: Phlebotomist’s careless handling of blood draw that didn’t compromise test wasn’t enough to suppress just from alleged risk of infection that didn’t happen

“As the State admits, using a biohazard container as a workstation for a blood draw is not ideal. However, even viewing the evidence in the light most favorable to the trial court’s ruling, we conclude that Fikes failed to meet … Continue reading

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TX3: State failed to show exigency for dispensing with BAC SW

The trial court did not err by granting defendant’s motion to suppress blood evidence obtained in violation of the Fourth Amendment. The State failed to prove that the warrantless blood draw was justified by exigent circumstances: the collision did not … Continue reading

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D.Mass.: Transit worker in safety sensitive position could be drug tested for an “incident” short of an “accident”

The Boston MTA did not violate the Fourth Amendment by requiring a drug test of an employee involved in an “incident” short of an “accident.” The employee was in a safety sensitive position. Cabral v. Mass. Bay Transp. Auth., Boston … Continue reading

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WA: EMTs would be medicating and intubating def in transit after car wreck, and that’s exigency for warrantless blood draw

Defendant was in a bad wreck and the first responders could smell alcohol. He was going to be medicated and intubated for transport to the ER. A warrantless blood draw was reasonable for exigent circumstances because the sample would have … Continue reading

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PA: Birchfield doesn’t prevent evidence of refusal

“[W]e conclude the ‘evidentiary consequence’ provided by Section 1547(e) for refusing to submit to a warrantless blood test — the admission of that refusal at a subsequent trial for DUI — remains constitutionally permissible post-Birchfield. We therefore affirm the order … Continue reading

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PA: Refusal to submit to a test is admissible under Birchfield

“[W]e conclude the ‘evidentiary consequence’ provided by Section 1547(e) for refusing to submit to a warrantless blood test — the admission of that refusal at a subsequent trial for DUI — remains constitutionally permissible post-Birchfield. We therefore affirm the order … Continue reading

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MN: Limited right to counsel before blood test doesn’t apply to SW blood draws

“The limited right to counsel established in Friedman v. Commissioner of Public Safety, 473 N.W.2d 828 (Minn. 1991), does not apply when an individual is asked to submit to a blood test pursuant to a warrant.” (Syllabus) State v. Rosenbush, … Continue reading

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KS: Random suspicionless drug testing of any probationer is reasonable under special needs

Random suspicionless drug testing of any probationer (even those from nondrug cases), satisfied the Fourth Amendment and state constitution under special needs. State v. Hinnenkamp, 2019 Kan. App. LEXIS 44 (July 5, 2019):

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Pacific Standard: West Virginia Will Now Provide Free Community College Tuition If Students Can Pass a Drug Test

Pacific Standard: West Virginia Will Now Provide Free Community College Tuition If Students Can Pass a Drug Test by Kelley Czajka: The program is the first in the country to introduce drug testing as an eligibility requirement.

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SCOTUSblog: Opinion analysis: Court upholds warrantless blood tests for unconscious drunk-driving suspects

SCOTUSblog: Opinion analysis: Court upholds warrantless blood tests for unconscious drunk-driving suspects by Amy Howe: Yesterday a divided Supreme Court ruled that the Fourth Amendment generally does not bar states from taking a blood sample from an unconscious drunk-driving suspect … Continue reading

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