IA: SW for taking blood includes testing it

The search warrant authorized taking defendant’s blood so it impliedly permitted testing it as well. The expectation of privacy is already reduced by the blood draw by authorization of law. State v. Frescoln, 2017 Iowa App. LEXIS 1227 (Dec. 6, 2017):

Furthermore, though the issue has not been decided in Iowa, we note that other courts have held that a defendant loses a privacy expectation in blood after its lawful removal from the body, and therefore, any testing of that blood does not violate the constitutional protections from unreasonable searches and seizures. See United States v. Snyder, 852 F.2d 471, 473-74 (9th Cir. 1988) (holding that “so long as blood is extracted incident to a valid arrest based on probable cause to believe that the suspect was driving under the influence of alcohol, the subsequent performance of a blood-alcohol test has no independent significance for fourth amendment purposes, regardless of how promptly the test is conducted”); State v. Fawcett, 877 N.W.2d 555, 561 (Minn. Ct. App. 2016) (“Once a blood sample has been lawfully removed from a person’s body, a person loses an expectation of privacy in the blood sample, and a subsequent chemical analysis of the blood sample is, therefore, not a distinct Fourth Amendment event.”); People v. King, 232 A.D.2d 111, 663 N.Y.S.2d 610, 614 (N.Y. App. Div. 1997) (“It is also clear that once a person’s blood sample has been obtained lawfully, he can no longer assert either privacy claims or unreasonable search and seizure arguments with respect to the use of that sample. Privacy concerns are no longer relevant once the sample has already lawfully been removed from the body, and the scientific analysis of a sample does not involve any further search and seizure of a defendant’s person.”); see also Andrei Nedelcu, Blood and Privacy: Towards A “Testing-As-Search” Paradigm Under the Fourth Amendment, 39 Seattle U. L. Rev. 195, 201 (Fall 2015) (“[N]ational search and seizure jurisprudence is largely in agreement: No express judicial authorization is needed to analyze a suspect’s blood (or any other biological sample) once it has already been lawfully procured.”). Because the warrant limits the purpose of the testing in this case, we take no position on the question whether a defendant would retain any expectation of privacy in a blood sample seized under a search warrant.