{"id":48596,"date":"2021-06-01T00:00:00","date_gmt":"2021-06-01T05:00:00","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=48596"},"modified":"2021-06-01T04:34:03","modified_gmt":"2021-06-01T09:34:03","slug":"pa-dui-with-agg-assault-was-sufficiently-exigent-to-dispense-with-sw-for-bac","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=48596","title":{"rendered":"PA: DUI with agg. assault was sufficiently exigent to dispense with SW for BAC"},"content":{"rendered":"\n<p>Defendant was accused of DUI and aggravated assault, and the officer decided that the additional complexity of investigating the assault charge made a warrantless blood draw exigent. It didn\u2019t matter that the state charged him with the assault two months later. Commonwealth v. Hand, 2021 PA Super 113, 2021 Pa. Super. LEXIS 347 (May 28, 2021).<\/p>\n\n\n\n<p>Defendant\u2019s second frisk was not justified by reasonable suspicion after the first one produced nothing. He was actually armed but it wasn&#8217;t found on the first try. <a href=\"https:\/\/www.utcourts.gov\/opinions\/appopin\/State%20v.%20Bui-Cornethan20210527_20190208_56.pdf\">State v. Bui-Cornethan<\/a>, 2021 UT App 56, 2021 Utah App. LEXIS 57 (May 27, 2021).*<\/p>\n\n\n\n<p>Both sides present reasonable arguments on whether defendant\u2019s stop before crossing a crosswalk in an apartment building complex, so no suppression under Heien. United States v. Stevenson, 2021 U.S. Dist. LEXIS 101111 (N.D. Ohio May 27, 2021).*<\/p>\n\n\n\n<p>Plaintiff failed to state a claim for a prisoner body cavity search where it was more a reasonable strip search with no cavity search. Board v. Radtke, 2021 U.S. App. LEXIS 16100 (6th Cir. May 27, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was accused of DUI and aggravated assault, and the officer decided that the additional complexity of investigating the assault charge made a warrantless blood draw exigent. It didn\u2019t matter that the state charged him with the assault two months &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=48596\">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":[71,55,3,63,4],"tags":[],"class_list":["post-48596","post","type-post","status-publish","format-standard","hentry","category-body-searches","category-drug-testing","category-emergency-exigency","category-reasonableness","category-stop-and-frisk"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48596","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=48596"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48596\/revisions"}],"predecessor-version":[{"id":48602,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/48596\/revisions\/48602"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=48596"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=48596"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=48596"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}