IL: A forced chemical test of the blood two days after an accident was after the reduced REP of a driver had lapsed

A chemical test of appellant’s blood violated the Fourth Amendment because the police sought a chemical test two days after the car accident when plaintiff no longer had a diminished expectation of privacy. McElwain v. Office of the Ill. Secy. of State, 2015 IL 117170, 2015 Ill. LEXIS 775 (September 24, 2015).

“Brown argues he was detained without probable cause when Officer Wilson called his name ‘in such a manner that made Brown feel as though he was not free to leave.’ This is insufficient to qualify as a seizure. See State v. Reinders, 690 N.W.2d 78, 82-83 (Iowa 2004) (rejecting the defendant’s claim he was seized because ‘no reasonable individual would have felt free to simply walk away and refuse to answer the officer’s questions’). Although the officers were in uniform and a marked police vehicle, Officer Wilson simply called to Brown by name and asked him questions. There was no show of authority, no intimidation, and no use of physical force by the officers during the encounter. Accordingly, the district court properly denied Brown’s motion to suppress.” State v. Brown, 2015 Iowa App. LEXIS 857 (September 23, 2015).