Category Archives: Drug or alcohol testing

ND: Audio of def’s arrest shows he consented to the blood test

Defendant consented to the blood test. “At the suppression hearing the district court heard testimony from both Sergeant Stoltz and Montgomery as well as listened to the audio recording of the arrest. The district court noted an extended dialogue between … Continue reading

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D.Minn.: Def’s admission of violation of internet limits on supervised release was RS

Defendant was on federal supervised release, and the reasonable suspicion of Knights applies, and the officers had it here because defendant admitted a violation of his internet usage agreement with the PO. United States v. Kuhnel, 2017 U.S. Dist. LEXIS … Continue reading

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FL3: Warrantless blood test justified by exigency where it was 4:22 am Sunday and it would take 4 hours to get SW

Exigent circumstances justified a warrantless blood test because defendant’s accident occurred at approximately 4:22 a.m. on a Sunday, the accident was serious, resulting in an instantaneous death, defendant himself was seriously injured, taken to a hospital for treatment, and induced … Continue reading

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TX13: The natural dissipation of alcohol in the blood alone is not exigency for a warrantless taking of blood

The natural dissipation of alcohol in the blood alone is not exigency for a warrantless taking of blood. State v. Ruiz, 2018 Tex. App. LEXIS 302 (Tex. App. – Corpus Christi – Edinburg Jan. 11, 2018). Defendant didn’t object to … Continue reading

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Pittsburgh Tribune-Review: High costs for refusing breathalyzer test among new Pennsylvania laws for 2018

Pittsburgh Tribune-Review: High costs for refusing breathalyzer test among new Pennsylvania laws for 2018 by Matthew Santoni:

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MN: Birchfield not retroactive

Application of Birchfield in Minnesota was determined to be procedural rather than substantive for purposes of retroactive effect. Johnson v. State, 2018 Minn. App. LEXIS 10 (Jan. 2, 2018). Defendant’s detention was with reasonable suspicion. “Considering the totality of the … Continue reading

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OH6: Warrantless blood draw from believed to be dying motorcyclist valid

A warrantless blood draw from defendant was reasonable where, at the scene of his motorcycle accident on I-75 hitting the rear of a car when it was travelling approximately 102 in a 65 and killing his passenger throwing her 450′ … Continue reading

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IN: DRE exam requires warning of right to counsel under state const.

The Indiana Constitution recognizes a right to warning that counsel may be consulted of a person in custody before a consent search is sought in Pirtle v. State, 323 N.E.2d 634 (Ind. 1975). That has been held not to apply … Continue reading

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IL: ER dr. ordered forced catheterization from combative female for urine sample; wasn’t state action because two police officers helped hold her down

Defendant was involved in a vehicle accident and hospitalized. The ER doctor needed to know whether she was on drugs, and he ordered forced catheterization to get urine since defendant was combative. Two officers who also wanted to know whether … Continue reading

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KS: PBT is a search subject to 4A

PBT is a search subject to the Fourth Amendment. State v. Robinson, 2017 Kan. App. LEXIS 89 (Dec. 22, 2017):

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IA: SW for taking blood includes testing it

The search warrant authorized taking defendant’s blood so it impliedly permitted testing it as well. The expectation of privacy is already reduced by the blood draw by authorization of law. State v. Frescoln, 2017 Iowa App. LEXIS 1227 (Dec. 6, … Continue reading

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AlterNet: Wisconsin Governor Walker’s Plan to Drug Test Food Stamp Applicants Would Be Wasteful, Ineffective and Perhaps Unconstitutional

AlterNet: Wisconsin Governor Walker’s Plan to Drug Test Food Stamp Applicants Would Be Wasteful, Ineffective and Perhaps Unconstitutional by Widney Brown It’s yet another attempt to stigmatize and criminalize people living in poverty.

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