SC: Blood draw unreasonable but saved by GFE because it happened before holding here

As to the blood draw in this DUI death case, “We conclude section 56-5-2946 is facially constitutional but unconstitutional as applied in Appellant’s case. However, we find the trial court did not err in denying Appellant’s motion to suppress because law enforcement acted in good faith based on existing precedent at the time of the blood draw. We affirm Appellant’s conviction.” State v. German, 2023 S.C. LEXIS 70 (Apr. 5, 2023). (So, the litigant that raises the issue, wins, and then loses on good faith. That happened to Rodriguez, too, in the Eighth Circuit. Where’s the incentive to litigate? You can’t win even when you win.)

Defendant got out of his car quickly during a traffic stop, and that often means running off is at hand. The officer was along. Handcuffing defendant to detain him, making clear he wasn’t under arrest, was reasonable for officer safety. United States v. Williams, 2023 U.S. App. LEXIS 8105 (11th Cir. Apr. 5, 2023).

The body cam video here showed defendant at least violated his probation by his actions during his detention on the street, and that led to a valid search incident of his person that produced drugs. State v. Bliss, 2023 R.I. LEXIS 29 (Apr. 4, 2023).*

This entry was posted in Good faith exception, Reasonable suspicion, Search incident. Bookmark the permalink.

Comments are closed.