Category Archives: Drug or alcohol testing

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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SCOTUS: Warrantless blood draw from unconscious driver not unreasonable

A warrantless blood draw from an unconscious driver who became unconscious by the time he arrived at the hospital was reasonable under a state law that permits warrantless BAC testing of those incapable of consent by implied consent. Remanded, however, … Continue reading

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AZ: Choice of law, exclusionary rule, and GFE

“¶1 Don Jacob Havatone appeals from his convictions and sentences for two counts of aggravated driving under the influence of intoxicating liquor (‘DUI’), one count of aggravated assault, one count of endangerment, and four counts of misdemeanor assault. Because a … Continue reading

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Misinformation as to consequences of refusal of BAC test violates 4A

“Vigen was not informed the refusal to take a urine test was a crime punishable in the same manner as driving under the influence as required by the legislature.” He can set aside his guilty plea. State v. Vigen, 2019 … Continue reading

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ND: Def’s arrangement for another to take possession of his package showed his standing

Defendant’s arrangement with another person to pickup his package showed his control over the package, and that gave him standing. State v. Gardner, 2019 ND 122, 2019 N.D. LEXIS 130 (May 16, 2019) (quoting Treatise § 3.13). “Vigen was not … Continue reading

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OK: State blood draw statute was suspect, but GFE applies

The state blood draw is constitutionally suspect, but the court doesn’t have to go there. The officer’s actions in relying on it was still good faith. Stewart v. State, 2019 OK CR 6, 2019 Okla. Crim. App. LEXIS 8 (May … Continue reading

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M.D.Fla.: CSLI order 3½ months before Carpenter was valid under GFE; officers not expected to know what SCOTUS will do

CSLI order issued 3½ months before Carpenter was valid under good faith exception. Officers were not expected to know what SCOTUS would do. United States v. Turner, 2019 U.S. Dist. LEXIS 81011 (M.D. Fla. May 14, 2019), adopted, 2019 U.S. … Continue reading

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