{"id":63922,"date":"2026-04-25T14:50:27","date_gmt":"2026-04-25T19:50:27","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=63922"},"modified":"2026-04-25T14:50:27","modified_gmt":"2026-04-25T19:50:27","slug":"or-voluntary-consent-to-a-blood-draw-after-accident-and-pain-meds-in-hospital","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=63922","title":{"rendered":"OR: Voluntary consent to a blood draw after accident and pain meds in hospital"},"content":{"rendered":"\n<p>Defendant voluntarily consented to a blood draw for DUII at the hospital despite having been in an accident and received pain medication. <a href=\"https:\/\/cdm17027.contentdm.oclc.org\/digital\/collection\/p17027coll3\/id\/17391\/rec\/1\">State v. Miller<\/a>, 375 Or. 173 (Apr. 23, 2026).<\/p>\n\n\n\n<p>There was probable cause to put a tracking device on defendant\u2019s car by court order, and, in any event, the good faith exception applied. He appealed only the probable cause finding, which was affirmed. People v. Eastman, 2026 Colo. App. LEXIS 672 (Apr. 16, 2026).* (In most states, not appealing the good faith ruling would have ended the matter.)<\/p>\n\n\n\n<p>Officers had reasonable suspicion to stop defendant because he was in a high crime area and feeling around his waist, covered with a letterman jacket tied by the sleeves, as a \u201csecurity check\u201d for a firearm. When they encountered him, he lied about it, too. United States v. Applewhite, 2026 U.S. Dist. LEXIS 87751 (D.D.C. Apr. 21, 2026).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant voluntarily consented to a blood draw for DUII at the hospital despite having been in an accident and received pain medication. State v. Miller, 375 Or. 173 (Apr. 23, 2026). There was probable cause to put a tracking device &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=63922\">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":[24,55,35,112],"tags":[],"class_list":["post-63922","post","type-post","status-publish","format-standard","hentry","category-consent","category-drug-testing","category-reasonable-suspicion","category-tracking-warrant"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63922","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=63922"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63922\/revisions"}],"predecessor-version":[{"id":63923,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/63922\/revisions\/63923"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=63922"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=63922"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=63922"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}