Cal.App.Div., San Diego: Warrantless testing of second blood vial for drugs violated 4A

Two vials of defendant’s blood were drawn under implied consent. He was told the second would be kept for him, but it was separately tested for drugs. The second warrantless search of the blood violated the Fourth Amendment. People v. Pickard, 2017 Cal. App. LEXIS 776 (App. Div.–San Diego June 30, 2017).

Defendant’s consent to the blood draw was voluntary. State v. Newsom, 2017 La. App. LEXIS 1561 (La.App. 3 Cir. Sept. 6, 2017).*

Defendant failed to show voluntary consent to this search for defendant’s blood. People v. Ling, 2017 Cal. App. LEXIS 774 (App. Div.–San Mateo May 5, 2017).*