{"id":23244,"date":"2016-08-05T07:48:29","date_gmt":"2016-08-05T12:48:29","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=23244"},"modified":"2016-08-05T07:48:29","modified_gmt":"2016-08-05T12:48:29","slug":"wi-consent-to-a-blood-draw-or-suffer-dl-revo-was-still-voluntary-consent","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=23244","title":{"rendered":"WI: Consent to a blood draw or suffer DL revo was still voluntary consent"},"content":{"rendered":"<p>Defendant consented to a blood draw knowing that his license would have been revoked if he didn\u2019t. \u201cBlackman, by choosing to give actual consent, made a voluntary choice. The choice was Blackman&#8217;s alone and, as such, was not coerced.\u201d <a href=\"https:\/\/wicourts.gov\/ca\/opinion\/DisplayDocument.pdf?content=pdf&#038;seqNo=173248\">State v. Blackman<\/a>, 2016 Wisc. App. LEXIS 499 (Aug. 3, 2016).*<\/p>\n<p>Defendant was more credible than the officers on the question of consent, and the government failed to prove it. United States v. Rodriguez, 2016 U.S. Dist. LEXIS 101794 (S.D.N.Y. Aug. 3, 2016).*<\/p>\n<p>The trial court erred in finding that claimant didn\u2019t have ownership of the vehicles being forfeited because he had actual title. He loses on the merits, however, because the state showed he was not an innocent owner. <a href=\"http:\/\/publicdocs.courts.mi.gov:81\/OPINIONS\/FINAL\/COA\/20160802_C328547_38_328547.OPN.PDF\">In re 2000 GMC Denali &#038; Contents<\/a>, 2016 Mich. App. LEXIS 1468 (Aug. 2, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant consented to a blood draw knowing that his license would have been revoked if he didn\u2019t. \u201cBlackman, by choosing to give actual consent, made a voluntary choice. The choice was Blackman&#8217;s alone and, as such, was not coerced.\u201d State &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=23244\">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":[24,55,34],"tags":[],"class_list":["post-23244","post","type-post","status-publish","format-standard","hentry","category-consent","category-drug-testing","category-standing"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23244","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=23244"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23244\/revisions"}],"predecessor-version":[{"id":23245,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/23244\/revisions\/23245"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=23244"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=23244"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=23244"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}