MI: Consent to draw blood includes consent to test it

Defendant consented to a draw of blood for testing, and a separate warrant isn’t required for testing under the Fourth Amendment. The collection and testing of blood are “a single event for fourth amendment purposes.” United States v. Snyder, 852 F.2d 471, 473-74 (9th Cir. 1988). People v. Woodard, 2017 Mich. App. LEXIS 1477 (Sept. 19, 2017):

In rejecting efforts to parse the collection and analysis of blood evidence into separate searches, courts have frequently concluded that there is no objectively reasonable expectation of privacy in a sample lawfully obtained for the purposes of analysis, such that testing of the sample does not involve a search or seizure with Fourth Amendment implications. See State v Hauge, 103 Hawai’i 38, 51; 79 P3d 131 (2003) and cases therein (“Our review of the case law of other jurisdictions indicates that the appellate courts of several states have ruled that expectations of privacy in lawfully obtained blood samples … are not objectively reasonable by ‘society’s’ standards.”)

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

Comments are closed.