{"id":31405,"date":"2018-01-19T09:04:00","date_gmt":"2018-01-19T14:04:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=31405"},"modified":"2018-01-19T09:04:00","modified_gmt":"2018-01-19T14:04:00","slug":"fl3-warrantless-blood-test-justified-by-exigency-where-it-was-422-am-sunday-and-it-would-take-4-hours-to-get-sw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=31405","title":{"rendered":"FL3: Warrantless blood test justified by exigency where it was 4:22 am Sunday and it would take 4 hours to get SW"},"content":{"rendered":"<p>Exigent circumstances justified a warrantless blood test because defendant\u2019s accident occurred at approximately 4:22 a.m. on a Sunday, the accident was serious, resulting in an instantaneous death, defendant himself was seriously injured, taken to a hospital for treatment, and induced into a coma and intubated. Defendant smelled of alcohol and exhibited symptoms consistent with drunkenness. It would have taken four hours to get a search warrant for blood. This sample was taken 90 minutes after the accident. <a href=\"http:\/\/www.3dca.flcourts.org\/Opinions\/3D13-2167.pdf\">Aguilar v. State<\/a>, 2018 Fla. App. LEXIS 482 (Fla. 3d DCA Jan. 17, 2018).<\/p>\n<p>\u201cThe existence of probable cause constitutes a complete defense to plaintiff&#8217;s state claims &#8230; and federal claims for false arrest, false imprisonment, and malicious prosecution &#8230;. [\u00b6] The existence of probable cause likewise defeats any claim for the same acts based on a lesser showing of negligence.\u201d <a href=\"http:\/\/nycourts.gov\/reporter\/3dseries\/2018\/2018_00333.htm\">Phin v. City of New York<\/a>, 2018 NY Slip Op 00333, 2018 N.Y. App. Div. LEXIS 332 (1st Dept. Jan. 18, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Exigent circumstances justified a warrantless blood test because defendant\u2019s accident occurred at approximately 4:22 a.m. on a Sunday, the accident was serious, resulting in an instantaneous death, defendant himself was seriously injured, taken to a hospital for treatment, and induced &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=31405\">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":[55,3],"tags":[],"class_list":["post-31405","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-emergency-exigency"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31405","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=31405"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31405\/revisions"}],"predecessor-version":[{"id":31406,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/31405\/revisions\/31406"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=31405"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=31405"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=31405"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}