Category Archives: Drug or alcohol testing

OH5: SW needed to obtain blood results from hospital’s blood draw

Defendant’s blood draw in the hospital was for medical purposes, and a search warrant was required to get access to that information. Trial court affirmed. State v. Saunders, 2017-Ohio-7348, 2017 Ohio App. LEXIS 3640 (5th Dist. Aug. 23, 2017). Playpen … Continue reading

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Wisconsin Public Radio: Wisconsin Department Of Health Services Gets Input On Drug Testing For Food Stamp Applicants

Wisconsin Public Radio: Wisconsin Department Of Health Services Gets Input On Drug Testing For Food Stamp Applicants by Patty Murray: In the last budget, the state Legislature approved a measure requiring able-bodied adults with no dependents to be screened for … Continue reading

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KS: Delay from police and EMS attending rural motorcycle accident was exigency to dispense with BAC warrant

The state showed probable cause for DUI and exigency to dispense with a warrant. Defendant crashed his motorcycle in a park parking lot, and the bike hit a pedestrian. The officer arrived more than 10 minutes after it happened was … Continue reading

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OR: No exigency for warrantless entry into home for BAC when another warrant required for that anyway

In a DUI case, the state did not show exigent circumstances to enter defendant’s home to take him into custody to then have to seek a search warrant for his blood anyway. State v. Ritz, 361 Ore. 781, 2017 Ore. … Continue reading

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WA: Random UAs valid as condition of probation for DUI

“At issue in this case is whether a court may require a probationer convicted of driving under the influence (DUI) to submit to random urinalysis testing (UAs) for controlled substances. In particular, this issue centers on whether this testing violates … Continue reading

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PA: Conflict of laws: PA law applies as site of crime even though blood draw in NY

Defendant had a DUI accident in Pennsylvania and his blood was drawn at an ER in New York for medical purposes. New York law would exclude the evidence, but Pennsylvania law would not because the doctor-patient privilege doesn’t apply in … Continue reading

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PA has two on DUI blood tests; TN applies GFE to pre-McNeely blood draw

Hospital blood draw from an unconscious defendant at the hospital was inadmissible without a warrant or exigent circumstance. Commonwealth v. Myers, 2017 Pa. LEXIS 1689 (July 19, 2017). “Based on the reasoning set forth in Neville and Graham, we find … Continue reading

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TX13: Untested hospital drawn blood sample has to be obtained by SW not subpoena

Defendant was in a car wreck and hospitalized. The other person in the wreck died. At the hospital, he was treated and released, but blood was drawn for medical purposes but never analyzed by the hospital. The officer obtained a … Continue reading

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KS implied consent statute unconstitutional under Birchfield

The Kansas implied consent statute, K.S.A. 2016 Supp. 8-1025(a), is facially unconstitutional under Birchfield. State v. Ryce, 2017 Kan. LEXIS 327 (June 30, 2017). Under the Tennessee child exploitation statute, “process” that must be executed by the prosecutor means arrest … Continue reading

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IA: Breath test of boater was valid as search incident under 4A but not state const.

“[T]he breath test [of a boater] constituted a search incident to arrest excepted from the Fourth Amendment’s warrant requirement under Birchfield.” State v. Pettijohn, 2017 Iowa Sup. LEXIS 78 (June 30, 2017):

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