{"id":4054,"date":"2011-05-02T10:45:33","date_gmt":"2010-04-13T07:32:31","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2010-04-13T07:32:31","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=4054","title":{"rendered":"ID: Officer’s holding defendant’s arm to make blood draw at scene was not unreasonable"},"content":{"rendered":"

A DUI blood draw by an EMT at the scene was reasonable. The officer\u2019s holding defendant\u2019s wrists because he was uncooperative during the process was not unreasonable. State v. Wheeler<\/a>, 149 Idaho 364, 233 P.3d 1286 (2010),* Review denied by State v. Wheeler, 2010 Ida. LEXIS 134 (Idaho, July 6, 2010):<\/p>\n

The trial court correctly concluded that the blood draw was administered in a medically acceptable manner without unreasonable force. The person that drew Wheeler’s blood was part of an ambulance crew and stated he was authorized to draw blood. Wheeler provided no evidence to the contrary. The evidence presented at the suppression hearing does not show that the location of the blood draw or the procedure was medically unacceptable. Further, the officers’ holding of Wheeler’s wrists was reasonable because he refused to cooperate in less-intrusive tests, protested the blood draw, and flexed his hand in an attempt to prevent it, and because it provided stability for the blood draw. <\/p><\/blockquote>\n

Noting a conflict in the cases, the Nebraska court concludes that the magistrate issuing the search warrant does not have to see the alleged child pornography, and the judge can rely on the \u201cconclusion\u201d from the description by the officer. State v. Nuss<\/a>, 279 Neb. 648, 781 N.W.2d 60 (2010): <\/p>\n

We now hold as a matter of first impression that, while copies of images obtained during a law enforcement investigation may be used to establish probable cause to search for evidence of crimes involving visual depiction of sexually explicit conduct involving minors, they are not absolutely required. Probable cause may also be established by a detailed verbal description of the conduct depicted in such images. Under this standard, the affidavit in this case was insufficient to establish probable cause. <\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

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