{"id":47980,"date":"2021-04-04T00:00:00","date_gmt":"2021-04-04T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=47980"},"modified":"2021-04-03T09:08:11","modified_gmt":"2021-04-03T14:08:11","slug":"oh2-sw-for-bac-executed-in-5-hrs-was-as-soon-as-possible","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=47980","title":{"rendered":"OH2: SW for BAC executed in 5 hrs was &#8220;as soon as possible&#8221;"},"content":{"rendered":"\n<p>The search warrant for a blood draw said it had to be within 3 hours [a statutory artifact] and as soon as possible, but it took 5. The trial court found it was executed as soon as possible, and that\u2019s affirmed. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2021\/2021-Ohio-1114.pdf\">State v. Moore<\/a>, 2021-Ohio-1114, 2021 Ohio App. LEXIS 1129 (2d Dist. Apr. 2, 2021).*<\/p>\n\n\n\n<p>Officers approached defendant in a parking lot with his car with guns drawn but he sped away. He wasn\u2019t seized under Hodari D. After that, they had probable cause for a stop and search. <a href=\"http:\/\/media.ca8.uscourts.gov\/opndir\/21\/04\/193108P.pdf\">United States v. Flores-Lagonas<\/a>, 2021 U.S. App. LEXIS 9626 (8th Cir. Apr. 2, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant for a blood draw said it had to be within 3 hours [a statutory artifact] and as soon as possible, but it took 5. The trial court found it was executed as soon as possible, and that\u2019s &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=47980\">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":[55,69,16],"tags":[],"class_list":["post-47980","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-seizure","category-warrant-execution"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47980","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=47980"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47980\/revisions"}],"predecessor-version":[{"id":47981,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/47980\/revisions\/47981"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=47980"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=47980"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=47980"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}