{"id":48375,"date":"2021-05-10T00:00:00","date_gmt":"2021-05-10T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48375"},"modified":"2021-05-09T09:27:03","modified_gmt":"2021-05-09T14:27:03","slug":"il-er-blood-draw-was-private-search-and-results-were-obtainable-by-process","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48375","title":{"rendered":"IL: ER blood draw was private search, and results were obtainable by process"},"content":{"rendered":"\n<p>Defendant\u2019s ER blood draw after he was admitted for an accident was by a private actor, and the results are obtainable by the state and admissible. <a href=\"http:\/\/www.illinoiscourts.gov\/Opinions\/AppellateCourt\/2021\/2ndDistrict\/2190868.pdf\">People v. Mueller<\/a>, 2021 IL App (2d) 190868, 2021 Ill. App. LEXIS 227 (May 6, 2021).<\/p>\n\n\n\n<p>Police were dispatched because the driver of a car was passed out in the driveway. Police arrived and defendant was the person but was awake. The community caretaking function still permitted them to inquire further when they arrived. <a href=\"https:\/\/www.ndcourts.gov\/supreme-court\/Dockets\/20200222\">City of West Fargo v. Medbery<\/a>, 2021 ND 81, 2021 N.D. LEXIS 80 (May 6, 2021).<\/p>\n\n\n\n<p>The evidence supports the district court\u2019s conclusion there was implied consent to enter defendant\u2019s house. The officers knocked and introduced themselves, and the door was opened more to let them in. <a href=\"https:\/\/www.ca5.uscourts.gov\/opinions\/unpub\/20\/20-30528.0.pdf\">United States v. Morrison<\/a>, 2021 U.S. App. LEXIS 13682 (5th Cir. May 7, 2021).<\/p>\n\n\n\n<p>Defendant\u2019s claim that the wrong trailer was searched under a search warrant, even if true, was not an actual innocence claim for a successor habeas. United States v. Hernandez-Gomez, 2021 U.S. Dist. LEXIS 87970 (D. Idaho May 7, 2021).<\/p>\n\n\n\n<p>Arkansas parole and probation searches under statute that is similar to Samson, require no reasonable suspicion. United States v. Rivera, 2021 U.S. Dist. LEXIS 88147 (W.D. Ark. May 6, 2021) (also following Clingmon v. State posted <a href=\"http:\/\/fourthamendment.com\/?p=47607\">here<\/a> decided a month ago).<br \/><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant\u2019s ER blood draw after he was admitted for an accident was by a private actor, and the results are obtainable by the state and admissible. People v. Mueller, 2021 IL App (2d) 190868, 2021 Ill. App. LEXIS 227 (May &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=48375\">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":[74,24,55,43,58,16],"tags":[],"class_list":["post-48375","post","type-post","status-publish","format-standard","hentry","category-community-caretaking-function","category-consent","category-drug-testing","category-private-search","category-probationparole-search","category-warrant-execution"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48375","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=48375"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48375\/revisions"}],"predecessor-version":[{"id":48376,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48375\/revisions\/48376"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48375"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48375"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48375"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}