{"id":44560,"date":"2020-07-17T09:21:45","date_gmt":"2020-07-17T14:21:45","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44560"},"modified":"2020-07-17T09:21:45","modified_gmt":"2020-07-17T14:21:45","slug":"wi-officer-didnt-have-pc-for-bac-warrant-until-def-was-in-hospital-and-that-was-exigency","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=44560","title":{"rendered":"WI: Officer didn&#8217;t have PC for BAC warrant until def was in hospital, and that was exigency"},"content":{"rendered":"\n<p>The officer didn\u2019t have justification for a DWI blood warrant when he first arrived on the scene. That came later, and defendant was about to be administered painkillers in the hospital that would have degraded the BAC. There was exigency. <a href=\"https:\/\/wicourts.gov\/ca\/opinion\/DisplayDocument.pdf?content=pdf&amp;seqNo=269580\">State v. Dieter<\/a>, 2020 Wisc. App. LEXIS 325 (July 16, 2020).<\/p>\n\n\n\n<p>Defendant\u2019s consent to search a cell phone after the raid and while he was being questioned with a Miranda waiver was voluntary. \u201cDefendant makes much of the fact that agents used a SWAT-like entry when they first came into the home and that they initially placed him in handcuffs. \u2026 But the interview where Defendant consented to the search of his phone was later in time and calmer in tone than the more chaotic circumstances surrounding the agents&#8217; initial arrival. And that matters.\u201d United States v. Hudson, 2020 U.S. Dist. LEXIS 124152 (N.D. Ga. June 15, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The officer didn\u2019t have justification for a DWI blood warrant when he first arrived on the scene. That came later, and defendant was about to be administered painkillers in the hospital that would have degraded the BAC. There was exigency. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=44560\">Continue reading <span class=\"meta-nav\">&rarr;<\/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":[24,55,3],"tags":[],"class_list":["post-44560","post","type-post","status-publish","format-standard","hentry","category-consent","category-drug-testing","category-emergency-exigency"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44560","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=44560"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44560\/revisions"}],"predecessor-version":[{"id":44561,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44560\/revisions\/44561"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44560"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44560"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44560"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}