The taking of a blood sample by a nurse at a hospital is not a Fourth Amendment search. State v. Ragalis, 2022 Conn. Super. LEXIS 2025 (New Britain Sept. 8, 2022).
Custody under Miranda is not the same as a Fourth Amendment seizure under Berkemer. “The distinction between custody and arrest, on the one hand, and a brief investigatory detention, on the other hand, is significant.” People v. Eugene, 2022 COA 99, 2022 Colo. App. LEXIS 1322 (Sept. 1, 2022) (dissenting opinion).*
The search of defendant’s person was unreasonable because the state never showed a basis for a warrantless search of the person; i.e., probable cause even to arrest. State v. Willis, 2022 La. App. LEXIS 1425 (La. App. 4 Cir Sept. 1, 2022).*
The traffic stop before the dog arrived was not unreasonable. “In this case, we do not find there is evidence to suggest that Harvey’s detention for the traffic violation was of sufficient length to make it constitutionally dubious.” State v. Harvey, 2022-Ohio-3111, 2022 Ohio App. LEXIS 2939 (5th Dist. Sept. 2, 2022).*