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).<\/p>\n\n\n\n
Custody under Miranda is not the same as a Fourth Amendment seizure under Berkemer. \u201cThe distinction between custody and arrest, on the one hand, and a brief investigatory detention, on the other hand, is significant.\u201d People v. Eugene, 2022 COA 99, 2022 Colo. App. LEXIS 1322 (Sept. 1, 2022) (dissenting opinion).*<\/p>\n\n\n\n
The search of defendant\u2019s 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).*<\/p>\n\n\n\n
The traffic stop before the dog arrived was not unreasonable. \u201cIn 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.\u201d State v. Harvey, 2022-Ohio-3111, 2022 Ohio App. LEXIS 2939 (5th Dist. Sept. 2, 2022).*<\/p>\n","protected":false},"excerpt":{"rendered":"
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 … Continue reading