{"id":15281,"date":"2015-01-03T00:46:58","date_gmt":"2015-01-03T05:46:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=15281"},"modified":"2015-01-01T11:00:13","modified_gmt":"2015-01-01T16:00:13","slug":"tn-defs-fighting-with-officers-wasnt-exigency-to-dispense-with-sw-for-blood","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=15281","title":{"rendered":"TN: Def&#8217;s fighting with officers wasn&#8217;t exigency to dispense with SW for blood"},"content":{"rendered":"<p>Defendant was stopped in Johnson City TN for suspected DUI, and, with the arrest, there was a chase, mace, and a fight. Once defendant was handcuffed, everything was back under control, and that doesn\u2019t constitute sufficient exigent circumstances to dispense with a search warrant. It\u2019s a city with a judge available and there were five officers involved. Defendant\u2019s \u201cirrevocable [implied] consent\u201d for his blood draw in a DUI case wasn\u2019t raised in the trial court, so it\u2019s waived for appeal. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/turnerboyceopn.pdf\">State v. Turner<\/a>, 2014 Tenn. Crim. App. LEXIS 1173 (December 30, 2014).<\/p>\n<p>Defendant defaulted appeal of his certified question about the search of his backpack that was actually searched twice by his father, a police Lieutenant. The certified question was limited to one \u201csearch.\u201d <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/dieboldandrewopn.pdf\">State v. Diebold<\/a>, 2014 Tenn. Crim. App. LEXIS 1171 (December 30, 2014)* [I wonder what Thanksgiving and Christmas were like at home.]<\/p>\n<p>Defendant\u2019s lack of consent argument is dispatched without discussion. <a href=\"http:\/\/courts.delaware.gov\/opinions\/(1irv5o45bey1uzz5hlkcmvqo)\/download.aspx?ID=216740\">Ingram v. State<\/a>, 2014 Del. LEXIS 613 (December 30, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was stopped in Johnson City TN for suspected DUI, and, with the arrest, there was a chase, mace, and a fight. Once defendant was handcuffed, everything was back under control, and that doesn\u2019t constitute sufficient exigent circumstances to dispense &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=15281\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-15281","post","type-post","status-publish","format-standard","hentry","category-uncategorized"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15281","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=15281"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15281\/revisions"}],"predecessor-version":[{"id":15284,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/15281\/revisions\/15284"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=15281"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=15281"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=15281"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}