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Posts tagged "blood draw"

"Mandatory Blood Draw" Still Requires Warrant or Exception

A blood draw for testing its alcohol content is still considered a search under existing federal and state law. Fourth Amendment rights and privacy concerns apply. The Tennessee Court of Criminal Appeals, in State v. Brown, W2014-00162-CCA-R9-CD (Tenn.Crim.App. 4-30-2015), has again (consistent with prior appellate opinions) reviewed Tennessee's statutory provisions requiring a blood draw under certain circumstances and determined they not dispense with the constitutional warrant requirement (and are therefore not unconstitutional). Also like prior decisions, this particular opinion did not address the question of whether the mandatory blood draw provisions render 'implied consent' not revokable.

Blood Evidence Admissible by Implied Consent

Circumstances under which evidence from a warrantless blood draw of a person suspected of driving under the influence (DUI) have been the subject of much legal argument since the U.S. Supreme Court decision in Missouri v. McNeely (2013), finding that exigent circumstances do not always justify warrantless blood draws in DUIcases. Tennessee law mandates a blood draw under certain circumstances. But, when that blood draw occurs without first obtaining a warrant, it still must occur pursuant to a constitutional exception to the warrant requirement. Tennessee has an implied consent law. Though it appears that implied consent may be withdrawn before a blood draw occurs, the recent Tennessee case of State v. Reynolds, E2013-02309-CCA-R9-CD (Tenn.Crim.App. 11-12-2014) determined that when implied consent is not actively withdrawn and the blood draw not specifically refused, it can occur pursuant to the consent exception to the warrant requirement.

Blood Evidence Admissible by Implied Consent

Circumstances under which evidence from a warrantless blood draw of a person suspected of driving under the influence (DUI) have been the subject of much legal argument since the U.S. Supreme Court decision in Missouri v. McNeely (2013), finding that exigent circumstances do not always justify warrantless blood draws in DUIcases. Tennessee law mandates a blood draw under certain circumstances. But, when that blood draw occurs without first obtaining a warrant, it still must occur pursuant to a constitutional exception to the warrant requirement. Tennessee has an implied consent law. Though it appears that implied consent may be withdrawn before a blood draw occurs, the recent Tennessee case of State v. Reynolds, E2013-02309-CCA-R9-CD (Tenn.Crim.App. 11-12-2014) determined that when implied consent is not actively withdrawn and the blood draw not specifically refused, it can occur pursuant to the consent exception to the warrant requirement.

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