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  1. Search and Seizure: Re: Challenging a Search Warrant for a Blood Test

    Tenn Code 55-10-406 as it is currently written is indeed limited to breath tests (consistant with the Birchfield decision). It is still a class A misdemeanor. It still comes with a mandatory 1...
  2. Search and Seizure: Re: Challenging a Search Warrant for a Blood Test

    He likely also refused the breath test. The blood test warrant was obtained because it's hard to compel a breath test but you can force a blood test.
  3. Search and Seizure: Re: Challenging a Search Warrant for a Blood Test

    Who did a blood test? If the hospital did one with your consent earlier then the subsequent warrant can indeed obtain that sample.
    If you are saying that blood was involuntarily drawn on the order...
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