{"id":8617,"date":"2013-04-13T23:08:01","date_gmt":"2013-04-14T04:00:45","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-04-13T23:07:29","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=8617","title":{"rendered":"D.Minn.: Hospital’s consent form was all that was shown; consent to blood draw voluntary"},"content":{"rendered":"

Defendant was charged with vehicle manslaughter under federal law. His blood and urine were tested at a hospital based on the hospital\u2019s consent form. There\u2019s nothing that indicates that the consent was not voluntary. United States v. Johnson, 2013 U.S. Dist. LEXIS 52078 (D. Minn. March 7, 2013).* (The blood and urine were sought by the police, so this is not a private search issue.)<\/p>\n

\u201cWhile it is a close call, considering the factors in combination, I FIND Officer Duggan had an articulable and reasonable suspicion that criminal activity was afoot to warrant a brief investigation by deploying the readily-available [drug dog] Red.\u201d United States v. Winters, 2013 U.S. Dist. LEXIS 52374 (E.D. Tenn. January 22, 2013).*<\/p>\n

The encounter was consensual, not requiring reasonable suspicion, and reasonable suspicion developed during the encounter. United States v. Senator, 2013 U.S. Dist. LEXIS 52689 (D. Ore. April 11, 2013).*<\/p>\n

The driver\u2019s nervousness and not inconsistent versions of travel plans was reasonable suspicion for getting the drug dog out. United States v. Winters, 2013 U.S. Dist. LEXIS 52374 (E.D. Tenn. January 22, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"

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