Category Archives: Drug or alcohol testing

WI: The low threshold for def’s BAC level contributed to exigent circumstances

Defendant was unconscious after hitting a deer with his motorcycle when his blood was drawn in the hospital. There was probable cause, and, because of the delay, the officer reasonably concluded there were exigent circumstances because defendant’s offense threshold was … Continue reading

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NE implied consent law was unconstitutional as applied here, but not on its face

“In this instance, without a warrant, nor exigent circumstance, the State could only rely upon the exception of a warrantless search incident to a lawful arrest for drunk driving in order to demand a blood test from McCumber. With the … Continue reading

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D.Neb.: Govt proved inventory valid and not pretext; there was also PC for the search

Defendants were arrested for robbery, and they objected to the R&R as failing to consider that the inventory of the vehicle was a pretext for an investigative search. The court finds that the policy on inventory was followed and that … Continue reading

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GA on implied consent

The trial court properly granted the motion to suppress. The evidence showed that defendant was extremely intoxicated and confused during her encounter with the officer, and that supporting the conclusion that she did not voluntarily consent to the blood test, … Continue reading

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ID: Implied consent remains an exception to the warrant requirement under McNeely

Implied consent remains an exception to the warrant requirement under McNeely. State v. Ortega-Vastida, 2017 Ida. App. LEXIS 15 (Feb. 9, 2017):

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AZ: Implied consent to treatment must be shown for obtaining blood sample from medical care provider for DUI

When a DUI suspect is unconscious, the state must still prove at least implied consent to medical treatment to get a blood draw from the medical care provider. State v. Nissley, 2017 Ariz. LEXIS 24 (Feb. 1, 2017), vacating 238 … Continue reading

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NJ: Passenger’s furtive movements justify ordering him from car

A passenger’s furtive movements can justify ordering him out of the car. As an aside, the court chides defense counsel for not addressing the issue before appeal so the parties could develop the record. [Most other states would say it … Continue reading

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PA: Warrantless blood draw of unconscious def after car wreck was reasonable

A warrantless blood draw was permissible where defendant was unconscious at the scene of an accident and unconscious through the blood draw at the hospital. Commonwealth v. March, 2017 PA Super 18, 2017 Pa. Super. LEXIS 46 (Jan. 26, 2017). … Continue reading

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Pro Publica: Texas Panel on Wrongful Convictions Calls for Ending Use of Unverified Drug Field Tests

Pro Publica: Texas Panel on Wrongful Convictions Calls for Ending Use of Unverified Drug Field Tests by Ryan Gabrielson: A commission established by lawmakers to help end the conviction of the innocent says field tests are too unreliable to be … Continue reading

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OH2: Def providing key when asked was consent to opening locked drawer

The record supports the conclusion that defendant consented to opening a locked drawer by providing the key when the officer asked for it. State v. Muncy, 2017-Ohio-121, 2017 Ohio App. LEXIS 89 (2d Dist. Jan. 13, 2017). Defendant was stopped … Continue reading

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