{"id":39574,"date":"2019-09-08T08:11:09","date_gmt":"2019-09-08T13:11:09","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39574"},"modified":"2019-09-08T08:12:24","modified_gmt":"2019-09-08T13:12:24","slug":"tx3-phlebotomists-careless-handling-of-blood-draw-that-didnt-compromise-test-wasnt-enough-to-suppress-just-from-alleged-risk-of-infection-that-didnt-happen","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=39574","title":{"rendered":"TX3: Phlebotomist’s careless handling of blood draw that didn’t compromise test wasn’t enough to suppress just from alleged risk of infection that didn’t happen"},"content":{"rendered":"

\u201cAs the State admits, using a biohazard container as a workstation for a blood draw is not ideal. However, even viewing the evidence in the light most favorable to the trial court’s ruling, we conclude that Fikes failed to meet his burden of showing that Morton’s actions were so egregious that they created an \u2018unjustified element of personal risk of infection and pain\u2019 that rose to the level of violating the Fourth Amendment.\u201d State v. Fikes<\/a>, 2019 Tex. App. LEXIS 8157 (Tex. App. \u2013 Austin Sept. 6, 2019).<\/p>\n

The government assertion that the community caretaking function applied is rejected because the officer checking on a limping man wouldn\u2019t immediately handcuff him if just checking on him. Defendant was arrested with probable cause. United States v. Perine, 2019 U.S. Dist. LEXIS 151305 (D.N.M. Sept. 5, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":"

\u201cAs the State admits, using a biohazard container as a workstation for a blood draw is not ideal. However, even viewing the evidence in the light most favorable to the trial court’s ruling, we conclude that Fikes failed to meet … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[74,55],"tags":[],"class_list":["post-39574","post","type-post","status-publish","format-standard","hentry","category-community-caretaking-function","category-drug-testing"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39574","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=39574"}],"version-history":[{"count":3,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39574\/revisions"}],"predecessor-version":[{"id":39577,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39574\/revisions\/39577"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39574"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39574"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39574"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}