Category Archives: Drug or alcohol testing

PA: Consent to blood draw preceded any alleged Birchfield violation, so no suppression

“Here, Moser gave his consent to the blood test while he was in the patrol car on the way to the hospital. … Officers read form DL-26 to Moser at the hospital, after he had already consented to the blood … Continue reading

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NY1: REP in a bathroom with door closed but unlocked

A person in a bathroom without a lock on the door with the door shut has a reasonable expectation of privacy. Police opening the door violated that expectation. People v. Vinson, 2018 NY Slip Op 03437, 2018 N.Y. App. Div. … Continue reading

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ArkTimes.com TANF drug-testing program cost Arkansas $32,000 to test five people in 2017

ArkTimes.com TANF drug-testing program cost Arkansas $32,000 to test five people in 2017 by Benjamin Hardy (two tested positive):

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NY: Partially inaccurate statement as to admissibility at trial of refusal of BAC test required suppression

“In sum, because the warnings given to defendant were at least partially inaccurate — i.e., as to the admissibility at trial of his refusal to submit to testing — the courts below properly suppressed the results of the breathalyzer test … Continue reading

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MN: Seizure of blood sample by SW to a hospital doesn’t violate doctor-patient privielge

“The seizure of a patient’s blood sample pursuant to a search warrant addressed to a hospital does not violate the statutory physician-patient privilege because a blood sample collected by the hospital as part of medical treatment does not constitute ‘information’ … Continue reading

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AR: State’s failure to get ruling on GFE below bars that argument on appeal; statute on BAC penalties violates Birchfield

Arkansas’s refusal to submit to a BAC test has criminal penalties, and it violates the Fourth Amendment. The trial court’s finding of voluntary consent was decided without an evidentiary hearing and is clearly erroneous. The state’s failure to get a … Continue reading

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D.D.C.: Drug testing school teachers violated 4A

Drug testing of some school teachers in the District of Columbia violated the reasonable expectation of privacy and didn’t serve government interests. There was no indication one group of teachers (really small kids) even deserved to be included for a … Continue reading

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OH9: “Counsel’s decision not to pursue every possible angle [in a suppression motion] is not ineffective assistance.”

“Counsel’s decision not to pursue every possible angle [in a suppression motion] is not ineffective assistance.” State v. Palmer, 2018-Ohio-1486, 2018 Ohio App. LEXIS 1631 (9th Dist. Apr. 18, 2018). Defendant’s swerving vehicle and trailer provided reasonable suspicion for a … Continue reading

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The Legal Intelligencer: Justices to Eye Constitutionality of Consequences for DUI Blood Test Refusals

The Legal Intelligencer: Justices to Eye Constitutionality of Consequences for DUI Blood Test Refusals by Zach Needles: The Pennsylvania Supreme Court has agreed to hear arguments over whether it’s unconstitutional for a DUI suspect’s refusal of a warrantless blood draw … Continue reading

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CA9: MMJ card didn’t undermine PC for possession

The arrest was based on probable cause to believe marijuana would be found. The existence of a medical marijuana card is only a defense to the holder, and it doesn’t undermine probable cause. Assenberg v. Whitman County, 2018 U.S. App. … Continue reading

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Atlantic: Drug Use Is Detectable on Your Fingerprints

Atlantic: Drug Use Is Detectable on Your Fingerprints by Rod McCullom

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D.Neb.: Def’s Franks IAC claim fails for lack of any allegations of fact

“Lloyd makes four claims of ineffective assistance of counsel. Those claims border on the ridiculous.” As to his Fourth Amendment IAC claim for not making a Franks challenge, he alleges nothing was false. United States v. Lloyd, 2018 U.S. Dist. … Continue reading

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