{"id":50840,"date":"2021-12-21T19:46:59","date_gmt":"2021-12-22T00:46:59","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=50840"},"modified":"2021-12-22T09:02:59","modified_gmt":"2021-12-22T14:02:59","slug":"cal-2d-unconscious-drivers-serious-injuries-was-exigency-for-warrantless-blood-draw","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=50840","title":{"rendered":"Cal.2d: Unconscious driver&#8217;s serious injury was exigency for warrantless blood draw"},"content":{"rendered":"\n<p>\u201cWhen a driver is unconscious, the general rule is a warrant is not needed. (Mitchell, supra, 139 S.Ct. at p. 2531.) The Fourth Amendment \u201calmost always\u201d permits a warrantless blood test when police officers do not have a reasonable opportunity for a breath test before hospitalization. (Id. at p. 2539.) [\u00b6] The general rule governs here. Exigent circumstances justified this blood draw. [\u00b6] Nault created the exigency by injuring himself badly. He was unconscious and had to be helicoptered to surgery. Whoever called for the helicopter judged the situation dire. Nault does not suggest this decision was a manipulation. Caring for Nault&#8217;s medical need left no time for a breath test.\u201d <a href=\"https:\/\/www.courts.ca.gov\/opinions\/documents\/B306460.PDF\">People v. Nault<\/a>, 2021 Cal. App. LEXIS 1068 (2d Dist. Dec. 20, 2021).<\/p>\n\n\n\n<p>The officer here entered the curtilage to the front door. Contrary to defendant\u2019s argument, the findings of fact do not support the conclusion the officer stuck his head over the threshold for a look inside. <a href=\"https:\/\/www.vacourts.gov\/opinions\/opncavwp\/1131203.pdf\">Ingram v. Commonwealth<\/a>, 2021 Va. App. LEXIS 235 (Dec. 14, 2021).*<\/p>\n\n\n\n<p>Defendant\u2019s stop was valid, and the smell of burnt marijuana coming from the car was probable cause. United States v. Harden, 2021 U.S. Dist. LEXIS 242186 (D.Minn. Nov. 15, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>\u201cWhen a driver is unconscious, the general rule is a warrant is not needed. (Mitchell, supra, 139 S.Ct. at p. 2531.) The Fourth Amendment \u201calmost always\u201d permits a warrantless blood test when police officers do not have a reasonable opportunity &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=50840\">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":[19,55,51],"tags":[],"class_list":["post-50840","post","type-post","status-publish","format-standard","hentry","category-curtilage","category-drug-testing","category-plain-view"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50840","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=50840"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50840\/revisions"}],"predecessor-version":[{"id":50852,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/50840\/revisions\/50852"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=50840"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=50840"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=50840"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}