IL: ER blood draw was private search, and results were obtainable by process

Defendant’s ER blood draw after he was admitted for an accident was by a private actor, and the results are obtainable by the state and admissible. People v. Mueller, 2021 IL App (2d) 190868, 2021 Ill. App. LEXIS 227 (May 6, 2021).

Police were dispatched because the driver of a car was passed out in the driveway. Police arrived and defendant was the person but was awake. The community caretaking function still permitted them to inquire further when they arrived. City of West Fargo v. Medbery, 2021 ND 81, 2021 N.D. LEXIS 80 (May 6, 2021).

The evidence supports the district court’s conclusion there was implied consent to enter defendant’s house. The officers knocked and introduced themselves, and the door was opened more to let them in. United States v. Morrison, 2021 U.S. App. LEXIS 13682 (5th Cir. May 7, 2021).

Defendant’s claim that the wrong trailer was searched under a search warrant, even if true, was not an actual innocence claim for a successor habeas. United States v. Hernandez-Gomez, 2021 U.S. Dist. LEXIS 87970 (D. Idaho May 7, 2021).

Arkansas parole and probation searches under statute that is similar to Samson, require no reasonable suspicion. United States v. Rivera, 2021 U.S. Dist. LEXIS 88147 (W.D. Ark. May 6, 2021) (also following Clingmon v. State posted here decided a month ago).

This entry was posted in Community caretaking function, Consent, Drug or alcohol testing, Private search, Probation / Parole search, Warrant execution. Bookmark the permalink.

Comments are closed.