{"id":8941,"date":"2013-06-25T06:09:41","date_gmt":"2013-06-25T06:09:41","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2013-06-25T06:09:41","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8941","title":{"rendered":"OH5: Constructive arrest at ER for DUI supported warrantless blood draw as exigency"},"content":{"rendered":"<p>Defendant was constructively arrested at the hospital after wrecking his car and likely being under the influence. The blood draw at the hospital was reasonable and with exigent circumstances. The court credits that it would have taken \u201chours\u201d to get a warrant. The court cites <a href=\"http:\/\/scholar.google.com\/scholar_case?case=9806833505253407923&amp;q=schmerber+&amp;hl=en&amp;as_sdt=2,4\">Schmerber<\/a> but not <a href=\"http:\/\/www.supremecourt.gov\/opinions\/12pdf\/11-1425_cb8e.pdf\">McNeeley<\/a>. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/5\/2013\/2013-ohio-2586.pdf\">State v. Hollis<\/a>, 2013 Ohio 2586, 2013 Ohio App. LEXIS 2564 (5th Dist. June 17, 2013).<\/p>\n<p>The CI said he was in defendant\u2019s motel room and saw a lot of crack cocaine for distribution. \u201cThe court finds that the affidavit provides scant, but sufficient, basis to establish probable cause and that even if the affidavit was insufficient, the officers were justified in relying upon it in good faith.\u201d United States v. Eldridge, 2013 U.S. Dist. LEXIS 86429 (S.D. Ala. June 14, 2013).*<\/p>\n<p>Defendant was encountered walking on a road on BLM land in the desert 15 miles north of the border, and he was not dressed to be hiking or camping in the winter. The officer became suspicious when he and his companion had no Ids. Another officer arrived. The detention was not too long, when they admitted being in the country illegally. Defendant had been previously removed. United States v. Grande, 2013 U.S. Dist. LEXIS 87139 (S.D. Cal. June 20, 2013).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8941\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-8941","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8941","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\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8941"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8941\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8941"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8941"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8941"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}