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 warrants sustained, and the good faith exception would apply in any event. United States v. Lueck, 2017 U.S. Dist. LEXIS 136161 (M.D. Fla. April 12, 2017);*
United States v. Barnes, 2017 U.S. Dist. LEXIS 136157 (M.D. Fla. May 8, 2017).*

The co-occupant of the house consented to the entry, and the evidence supports that conclusion. Defendant’s request to use the bathroom was attenuated from that consent, and, when he asked, the police would have accompanied him in there anyway. State v. Barnes, 2017-Ohio-7284, 2017 Ohio App. LEXIS 3578 (3d Dist. Aug. 21, 2017).*

This entry was posted in Attenuation, Drug or alcohol testing. Bookmark the permalink.

Comments are closed.