NC: Reasonable force can be used for a DUI blood draw under SW when def refuses

Officers had a search warrant for defendant’s blood while he was in the hospital for an accident. Relying on United States v. Bullock, 71 F.3d 171 (5th Cir. 1995), the court concludes that reasonable force can be used to take the blood sample against defendant’s will. State v. Hoque, 2020 N.C. App. LEXIS 15 (Jan. 7, 2020).

Defendant’s 2255 alleges that defense counsel was ineffective for not challenging a search warrant because of an alleged misdescription in the place to be searched. However, the correct place was searched, error or not. Typos can be overlooked if not prejudicial. Defendant’s guilty plea waived the claim, but it’s not apparent he would prevail on the merits anyway. United States v. Rodriguez, 2020 U.S. Dist. LEXIS 1521 (N.D. Cal. Jan. 3, 2020).*

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