VI: Def’s incapacity not bar to BAC blood draw and implied consent

Defendant’s incapacity does not nullify his implied consent to a BAC blood draw by statute. People v. Joseph, 2022 VI SUPER 12, 2022 V.I. LEXIS 16 (Jan. 27, 2022) (10 months from suppression hearing to order).

A nonprosecution agreement does not create a Heck bar. Mitchell v. Kirchmeier, 2022 U.S. App. LEXIS 6398 (8th Cir. Mar. 14, 2022).*

There was probable cause on the totality of the affidavit, despite some alleged minor errors that undermine nothing. “Many of these facts, viewed in isolation, reasonably could be viewed as innocent, non-criminal association with others who were committing crimes. Viewed in totality through the lens of common sense, however, the affidavit with the alleged falsehoods removed still supports probable cause. District of Columbia v. Westby … (emphasizing the totality of the circumstances and noting that ‘probable cause does not require officers to rule out a suspect’s innocent explanation for suspicious facts’). The district court properly found the officers entitled to qualified immunity as to Allen’s Fourth Amendment claim.” Allen v. Monico, 2022 U.S. App. LEXIS 6402 (8th Cir. Mar. 14, 2022).*