Category Archives: Drug or alcohol testing

TN: Where BAC forensic testing budget depends on convictions, due process violated

A state fee for forensic testing of BAC in the TBI that depends on convictions is essentially a contingent fee for conviction. The TBI forensic team are not adjudicators in the Tumey–Ward due process analysis, but it is clear that … Continue reading

Posted in Drug or alcohol testing, Knock and announce | Comments Off on TN: Where BAC forensic testing budget depends on convictions, due process violated

HI: Defendant could properly be prosecuted for refusing a breath test, but not a blood test

Defendant could properly be prosecuted for refusing a breath test, but not a blood test. State v. Wilson, 2018 Haw. App. LEXIS 25 (Jan. 26, 2018).* Defendant was a mere passenger in the car searched, and he lacks standing to … Continue reading

Posted in Drug or alcohol testing, Informant hearsay, Standing | Comments Off on HI: Defendant could properly be prosecuted for refusing a breath test, but not a blood test

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

Posted in Consent, Drug or alcohol testing, Probable cause | Comments Off on ND: Audio of def’s arrest shows he consented to the blood test

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

Posted in Consent, Drug or alcohol testing, Probation / Parole search, Reasonable suspicion | Comments Off on D.Minn.: Def’s admission of violation of internet limits on supervised release was RS

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

Posted in Drug or alcohol testing, Emergency / exigency | Comments Off on FL3: Warrantless blood test justified by exigency where it was 4:22 am Sunday and it would take 4 hours to get SW

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

Posted in Burden of pleading, Drug or alcohol testing | Comments Off on TX13: The natural dissipation of alcohol in the blood alone is not exigency for a warrantless taking of blood

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:

Posted in Drug or alcohol testing | Comments Off on Pittsburgh Tribune-Review: High costs for refusing breathalyzer test among new Pennsylvania laws for 2018

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

Posted in Drug or alcohol testing, Reasonable suspicion | Comments Off on MN: Birchfield not retroactive

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

Posted in Drug or alcohol testing, Standing | Comments Off on OH6: Warrantless blood draw from believed to be dying motorcyclist valid

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

Posted in Drug or alcohol testing, State constitution | Comments Off on IN: DRE exam requires warning of right to counsel under state const.

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

Posted in Drug or alcohol testing, Private search | Comments Off on IL: ER dr. ordered forced catheterization from combative female for urine sample; wasn’t state action because two police officers helped hold her down

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):

Posted in Drug or alcohol testing | Comments Off on KS: PBT is a search subject to 4A