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Posts tagged "exigent circumstances"

Exigent Circumstances Argument Rejected in Blood Draw Case

Exigent circumstances is one of the exceptions to the requirement that a search be authorized by a warrant to be considered reasonable. But exigent circumstances arguments to draw blood without a warrant when a person is suspected of driving under the influence have been often rejected since the U.S. Supreme Court opinion in Missouri v. McNeely in 2013 (determining that the dissipation of alcohol in the blood over time did not create exigent circumstances when it was still reasonable to obtain a warrant). In the recent Tennessee case of State v. Cates, E2014-01322-CCA-R3-CD (Tenn.Crim.App. 9-28-2015), the Court of Criminal Appeals has again reversed a warrantless blood draw.

Search Warrant or Exception Required For 'Mandatory' Blood Draw

A search warrant or recognized constitutional exception to the warrant requirement is required for law enforcement authorities to conduct a blood draw for the purposes of testing the alcohol content or toxicology of a suspect's blood. Under laws passed by the Tennessee legislature, a blood draw may be 'mandatory' under certain statutory circumstances when a person is suspected of Driving Under the Influence (DUI). However, the Tennessee Court of Criminal Appeals has explained that in order to interpret these provisions consistently with constitutional law, they must be understood to still require either a search warrant or a recognized exception to the warrant requirement.

Search Warrant or Exception Required For 'Mandatory' Blood Draw

A search warrant or recognized constitutional exception to the warrant requirement is required for law enforcement authorities to conduct a blood draw for the purposes of testing the alcohol content or toxicology of a suspect's blood. Under laws passed by the Tennessee legislature, a blood draw may be 'mandatory' under certain statutory circumstances when a person is suspected of Driving Under the Influence (DUI). However, the Tennessee Court of Criminal Appeals has explained that in order to interpret these provisions consistently with constitutional law, they must be understood to still require either a search warrant or a recognized exception to the warrant requirement.

Conviction Reversed in Exigent Circumstances Case

Exigent circumstances is an exception to the general requirement that a search warrant be obtained before a search will be considered reasonable. In exigent circumstances, a police officer may reasonably conduct a search or seizure without first obtaining a warrant. But in such cases, whether the actions of law enforcement were reasonably justified by the circumstances may be reviewed by a court considering a motion to exclude evidence obtained as a result of the actions. In the recent case of State v. Gibson, M2012-02363-CCA-R3-CD (Tenn.Crim.App 10-18-2013), the Tennessee Court of Criminal Appeals reversed a DUI conviction, rejecting the trial court's earlier ruling that exigent circumstances justified a police officer's entry into a home, where the Defendant was discovered intoxicated.

Conviction Reversed in Exigent Circumstances Case

Exigent circumstances is an exception to the general requirement that a search warrant be obtained before a search will be considered reasonable. In exigent circumstances, a police officer may reasonably conduct a search or seizure without first obtaining a warrant. But in such cases, whether the actions of law enforcement were reasonably justified by the circumstances may be reviewed by a court considering a motion to exclude evidence obtained as a result of the actions. In the recent case of State v. Gibson, M2012-02363-CCA-R3-CD (Tenn.Crim.App 10-18-2013), the Tennessee Court of Criminal Appeals reversed a DUI conviction, rejecting the trial court's earlier ruling that exigent circumstances justified a police officer's entry into a home, where the Defendant was discovered intoxicated.

Conviction Reversed in Exigent Circumstances Case

Exigent circumstances is an exception to the general requirement that a search warrant be obtained before a search will be considered reasonable. In exigent circumstances, a police officer may reasonably conduct a search or seizure without first obtaining a warrant. But in such cases, whether the actions of law enforcement were reasonably justified by the circumstances may be reviewed by a court considering a motion to exclude evidence obtained as a result of the actions. In the recent case of State v. Gibson, M2012-02363-CCA-R3-CD (Tenn.Crim.App 10-18-2013), the Tennessee Court of Criminal Appeals reversed a DUI conviction, rejecting the trial court's earlier ruling that exigent circumstances justified a police officer's entry into a home, where the Defendant was discovered intoxicated.

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