{"id":59679,"date":"2024-12-25T18:23:50","date_gmt":"2024-12-25T23:23:50","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=59679"},"modified":"2024-12-25T18:23:50","modified_gmt":"2024-12-25T23:23:50","slug":"ky-no-bac-sw-without-death-or-physical-injury-by-statute","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=59679","title":{"rendered":"KY: No BAC SW without death or physical injury by statute"},"content":{"rendered":"\n<p>The DUI BAC statute requires that a search warrant for blood alcohol can only be issued if there was a death or physical injury involved, and this court has previously upheld that limitation. Here, there was no death or physical injury, so the warrant was invalid. <a href=\"http:\/\/opinions.kycourts.net\/sc\/2023-SC-0106-DG.pdf\">Story v. Commonwealth<\/a>, 2024 Ky. LEXIS 403 (Dec. 19, 2024).<\/p>\n\n\n\n<p>Defendant\u2019s successor 2254 claim fails. \u201c[I]f this claim is based on newly discovered evidence regarding the search warrant supporting his arrest and his arraignment, his proposed claim does not satisfy \u00a7 2244(b) because he has not pointed to any evidence showing that, but for constitutional error, no reasonable factfinder would have found him guilty of the underlying crimes. 28 U.S.C. \u00a7 2244(b)(2)(B)(ii). Nor has St. Ann established that the evidence could not have been discovered previously through the exercise of due diligence. \u00a7 2244(b)(2)(B)(I).\u201d In re St. Ann, 2024 U.S. App. LEXIS 32391 (6th Cir. Dec. 20, 2024).* [In my state, lack of arraignment is meaningless after conviction. So where&#8217;s the constitutional claim?]<\/p>\n\n\n\n<p>There is no reasonable expectation of privacy in jail, so plaintiff\u2019s complaint that there were \u201cleaked\u201d conversations that caused him difficulties stated no claim. Johnson v. Eubanks, 2024 U.S. Dist. LEXIS 230644 (W.D. Ky. Dec. 20, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The DUI BAC statute requires that a search warrant for blood alcohol can only be issued if there was a death or physical injury involved, and this court has previously upheld that limitation. Here, there was no death or physical &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=59679\">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":[55,126,18],"tags":[],"class_list":["post-59679","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-issue-preclusion","category-reasonable-expectation-of-privacy"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59679","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=59679"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59679\/revisions"}],"predecessor-version":[{"id":59680,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/59679\/revisions\/59680"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=59679"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=59679"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=59679"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}