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January 2015 Archives

More clarity now on warrantless blood draws? P.2

In our last post, we briefly discussed a recent U.S. Supreme Court decision to not hear an appeal out of Colorado which sought clarity on a previous Supreme Court ruling which refused to recognize an automatic exception to the general warrant requirement where officers are concerned about the natural dissipation of alcohol from a suspect’s bloodstream.  Here we want to look a bit more at this issue, particularly whether we now have more clarity with the court’s refusal to hear the Colorado appeal.  

More clarity now on warrantless blood draws? P.1

The Supreme Court will apparently not be hearing an appeal in a case involving a Colorado man who was arrested in 2012 and forced to submit to a warrantless blood draw after he caused an intersection crash. At trial, the man was able to have the blood test excluded from evidence because the officer failed to make an attempt at securing a warrant before ordering the blood draw.