Defendant was involved in a vehicle accident and hospitalized. The ER doctor needed to know whether she was on drugs, and he ordered forced catheterization to get urine since defendant was combative. Two officers who also wanted to know whether she was on drugs helped hold her down to get the urine sample while a nurse drew it. This minimal and incidental participation by the police didn’t turn the forced catheterization into state action. People v. Sykes, 2017 IL App (1st) 150023, 2017 Ill. App. LEXIS 822 (Dec. 26, 2017).
State statute on blood draw without exigency violates the Fourth Amendment under McNeely. The state needs to show exigency, and here it didn’t. People v. Eubanks, 2017 IL App (1st) 142837, 2017 Ill. App. LEXIS 823 (Dec. 26, 2017).
There was no unconstitutional condition in breath testing to be followed by another test that might require a warrant. Birchfield says breath tests are reasonable. Shin v. Commonwealth, 2017 Va. LEXIS 200 (Dec. 28, 2017).*