Category Archives: Drug or alcohol testing

S.D.N.Y.: Home confinement for pretrial release is not a 4A seizure

“In sum, defendant is not entitled to credit against his sentence for time spent under home confinement as a condition of his bail release. Further, defendant’s time spent on home confinement did not constitute a seizure of his person under … Continue reading

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TN: SW didn’t say blood to be taken and seized could be tested, but it could be under common sense reading

“Although the warrant did not specifically state that the blood was to be ‘tested,’ ‘analyzed,’ or ‘examined’ for such intoxicants, a logical, commonsense reading of the warrant shows that the warrant was meant to authorize such analysis because an intoxicating … Continue reading

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KY: No BAC SW without death or physical injury by statute

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 … Continue reading

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M.D.Ala.: Officers executing arrest warrant at house could do protective sweep

Officers executing an arrest warrant for murder could conduct a protective sweep. United States v. Moss, 2024 U.S. Dist. LEXIS 191835 (M.D. Ala. Sep. 9, 2024), adopted, 2024 U.S. Dist. LEXIS 190695 (M.D.Ala. Oct. 21, 2024). Children’s services “ordering” plaintiff … Continue reading

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NC: Defendant abandoned this real property

Defendant abandoned this real property. State v. Moore, 2024 N.C. App. LEXIS 806 (Oct. 15, 2024). Failure to renew a motion to suppress when the evidence is offered is waiver in this state. State v. Rowdy, 2024 N.C. App. LEXIS … Continue reading

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PA: No REP against use of a light transmittance meter for window tint

There is no reasonable expectation of privacy that an officer’s can’t use a light transmittance meter on window tint that is plainly visible. “Nonetheless, application of the window tint meter here was not unreasonable in light of the authority granted … Continue reading

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Cal.1: California juries may be instructed on refusal of consent to blood draw and insisting on a SW as evidence of guilt

“The question presented here is this: If, following a valid arrest for such an offense, a motorist refuses to cooperate in the taking of a blood test unless a warrant is first obtained, may the jury at the motorist’s ensuing … Continue reading

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CA9: Passenger parolee’s area of car was subject to search under his waiver

Defendant parolee was a passenger in a car, and the area of the car he was sitting in was subject to search. United States v. Pullen, 2024 U.S. App. LEXIS 13604 (9th Cir. June 5, 2024). “The blood draw was … Continue reading

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CA9: Asking detainee about parole status is reasonable

Asking a detainee about his parole status reasonably relates to officer safety and imposes a negligible burden on the detainee. United States v. Ramirez, 2024 U.S. App. LEXIS 9388 (9th Cir. Apr. 18, 2024). Defense counsel wasn’t ineffective for not … Continue reading

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NY Queens: PC shown for SW blood drawn at hospital after car wreck

Probable cause was shown for the search warrant for defendant’s blood drawn at a hospital after a car wreck. To the extent there is also a Franks challenge, it fails. People v. Moreno, 2024 NY Slip Op 24116, 2024 NYLJ … Continue reading

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CA10: 68 days of pole camera surveillance in disability fraud case was reasonable

Suspecting VA benefits fraud, the VA OIG surveilled defendant for months and then installed a remote controlled and motion activated pole camera on top of a school across the street. They had 15 hours of video for 68 days, and … Continue reading

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GA: SW for blood draw specifically didn’t mention testing

Where the search warrant for defendant’s blood only permitted drawing the blood and not testing it, testing it required another warrant. State v. De La Paz, 2024 Ga. App. LEXIS 98 (Mar. 8, 2024). Defendant’s conviction was based in part … Continue reading

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Reason: Study Estimates Roadside Drug Tests Result in 30,000 Wrongful Arrests Every Year

Reason: Study Estimates Roadside Drug Tests Result in 30,000 Wrongful Arrests Every Year by C.J. Ciaramella (“Roughly 30,000 people every year may be getting wrongfully arrested and jailed because of police departments’ widespread use of unreliable roadside field tests for … Continue reading

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Cal.4: Def passed out 45 min. after arrival at hospital; officer’s failure to get SW for blood draw was inexcusable, so no GFE either

Defendant was transported to the hospital after a vehicle accident. The officer was attempting to talk to him. Defendant was lethargic and had a hard time answering questions. About 45 minutes into the hospital stay, he passed out. Blood was … Continue reading

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S.D.Ohio: Evidence in plain view may be seized during protective sweep

It was permissible for officers to seize firearms seen in plain view during this protective sweep. United States v. Riley, 2023 U.S. Dist. LEXIS 198798 (S.D. Ohio Nov. 6, 2023). “Given the totality of the circumstances and the numerous distinctions … Continue reading

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E.D.N.Y.: Police officer’s drug test while on sick leave for work injury was justified by RS

Plaintiff is a Suffolk County police officer on work-related sick leave. He was ordered to take a drug test while off, and the court finds it a search and done on reasonable suspicion. Volpe v. Ryder, 2023 U.S. Dist. LEXIS … Continue reading

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NYT: In Poland, Testing Women for Abortion Drugs Is a Reality. It Could Happen Here.

NYT: In Poland, Testing Women for Abortion Drugs Is a Reality. It Could Happen Here. by Patrick Adams:

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M.D.Tenn.: Repeatedly re-asking for consent to search cell phone doesn’t make it coercive

“Guerrero argues he was coerced into consenting to the search because the agents continued to ask for consent after he avoided answering the question and they threatened to obtain a search warrant if he did not consent. True, the agents … Continue reading

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MO: Failure to allow DUI suspect to contact lawyer before BAC test doesn’t require suppression

The state’s statutory failure to allow defendant to contact a lawyer before a BAC test doesn’t require suppression of the BAC test. Dunbar v. Dir. of Revenue, 2023 Mo. App. LEXIS 582 (Aug. 15, 2023). “Movant provides no facts or … Continue reading

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CA4: Not clearly established that VA DOC can’t drug test a Telecommunications Network Coordinator

Qualified immunity applies to the Virginia DOC directing a drug test of a Telecommunications Network Coordinator. “After VDOC fired Garrett for declining a random drug test, Garrett sued, alleging that VDOC employees violated his Fourth Amendment rights by applying VDOC’s … Continue reading

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