{"id":35262,"date":"2018-10-26T05:32:58","date_gmt":"2018-10-26T10:32:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35262"},"modified":"2018-10-26T05:32:58","modified_gmt":"2018-10-26T10:32:58","slug":"me-first-blood-draw-was-potentially-contaminated-so-second-was-valid-under-exigent-circumstances","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=35262","title":{"rendered":"ME: First blood draw was potentially contaminated, so second was valid under exigent circumstances"},"content":{"rendered":"<p>The state showed by a preponderance of the evidence that there were exigent circumstances for a warrantless blood draw. Natural dissipation of alcohol alone is not an exigency under McNealy. The first blood draw was potentially contaminated, so a second became necessary but it was getting late. <a href=\"http:\/\/www.courts.maine.gov\/opinions_orders\/supreme\/lawcourt\/2018\/18me144.pdf\">State v. Martin<\/a>, 2018 ME 144, 2018 Me. LEXIS 149 (Oct. 23, 2018).<\/p>\n<p>The 2255 claim was based on defense counsel not properly handling the motion to suppress, \u201cThese arguments are contradicted by the record.\u201d \u201cPetitioner contends that his trial counsel did not \u2018properly handle the Motion to Suppress evidence\u2019 and erred by 1) \u2018not focusing on the failure of the agents to get a search warrant for [Petitioner&#8217;s] apartment prior to seizing [his] computer[,]\u2019 2) failing to \u2018investigate\u2019 the search warrant, and 3) not \u2018impeach[ing] Agent White&#8217;s testimony at the Motion to Suppress hearing after he changed his testimony about what the search warrant commanded.\u2019\u201d Oates v. United States, 2018 U.S. Dist. LEXIS 181452 (M.D. Ga. Oct. 23, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The state showed by a preponderance of the evidence that there were exigent circumstances for a warrantless blood draw. Natural dissipation of alcohol alone is not an exigency under McNealy. The first blood draw was potentially contaminated, so a second &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=35262\">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":[55,3,23],"tags":[],"class_list":["post-35262","post","type-post","status-publish","format-standard","hentry","category-drug-testing","category-emergency-exigency","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35262","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=35262"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35262\/revisions"}],"predecessor-version":[{"id":35263,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35262\/revisions\/35263"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35262"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35262"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35262"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}