{"id":64769,"date":"2026-09-07T11:48:19","date_gmt":"2026-09-07T16:48:19","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=64769"},"modified":"2026-09-07T11:48:19","modified_gmt":"2026-09-07T16:48:19","slug":"mt-semi-conscious-injured-driver-couldnt-consent-to-bac-blood-draw","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=64769","title":{"rendered":"MT: Semi-conscious injured driver couldn&#8217;t consent to BAC blood draw"},"content":{"rendered":"\n<p>Defendant was seriously injured in a car wreck and was at best semi-conscious. She could not consent to a DUI blood draw. Suppression order affirmed. <a href=\"https:\/\/juddocumentservice.mt.gov\/getDocByCTrackId?DocId=582250\">State v. Laroque<\/a>, 2026 MT 209 (Sept. 1, 2026).<\/p>\n\n\n\n<p>The totality of circumstances showed defendant consented to this search, including signing a consent form that said she had a constitutional right to refuse. United States v. Smith, 2026 U.S. Dist. LEXIS 198735 (S.D. Ohio Sep. 2, 2026).*<\/p>\n\n\n\n<p>A second DNA swab after the first was suppressed was based on an independent showing of probable cause and was not suppressed in defendant\u2019s retrial. Commonwealth v. Pinney, 107 Mass. App. Ct. 220 (Sep. 2, 2026).*<\/p>\n\n\n\n<p>The search warrant recognized that this was a two family residence, but the affidavit showed probable cause for the whole place. United States v. Mannan, 2026 U.S. Dist. LEXIS 199195 (D.N.J. Sep. 2, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was seriously injured in a car wreck and was at best semi-conscious. She could not consent to a DUI blood draw. Suppression order affirmed. State v. Laroque, 2026 MT 209 (Sept. 1, 2026). The totality of circumstances showed defendant &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=64769\">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":[24,57,55,60,59],"tags":[],"class_list":["post-64769","post","type-post","status-publish","format-standard","hentry","category-consent","category-dna","category-drug-testing","category-independent-source","category-scope-of-search"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64769","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=64769"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64769\/revisions"}],"predecessor-version":[{"id":64770,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/64769\/revisions\/64770"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=64769"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=64769"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=64769"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}