Exicigent Circumstances

[lorie42]

My question involves criminal law for the state of: TN, When police use excigent circumstances to obtain a blood draw when individual is fully conscious and determined by medical personal to be fully alert, and aware of who they are and where they are at. and there are no pressing circumstances involved, such as a breathalyzer malfunction, what excuse will hold up at trial when blood is drawn within the 1st ten minutes of the arrest?

[RJR]

A Search, which a blood draw is, prior to Judicial authority is "presumptively unreasonable".

This case outlines such, as the person arrested was conscious.

https://www.supremecourt.gov/opinion...-6210_2co3.pdf

[Taxing Matters]

My question involves criminal law for the state of: TN, When police use excigent circumstances to obtain a blood draw when individual is fully conscious and determined by medical personal to be fully alert, and aware of who they are and where they are at. and there are no pressing circumstances involved, such as a breathalyzer malfunction, what excuse will hold up at trial when blood is drawn within the 1st ten minutes of the arrest?

If the police claim exigent circumstances to justify the blood draw, then the police will have to support their claim to the exigent circumstances when the blood draw is challenged. I have no way to know, of course, what exigent circumstances the police relied upon and thus cannot say how likely it is that the court would suppress the results of the blood test. The DA and the defendant will make their arguments on the issue and the judge will then decide the matter.

[pg1067]

police use excigent circumstances to obtain a blood draw

there are no pressing circumstances involved

Ummm....

what excuse will hold up at trial when blood is drawn within the 1st ten minutes of the arrest?

Depends on who's making the excuse and what that person is trying to excuse.

If you're asking us to hypothesize about possible facts that might support a law enforcement claim of exigent circumstances -- notwithstanding you telling us that no "pressing" circumstances existed -- I hardly see the point.

[lorie42]

Police wrote on the waiver in place of where my signature would have gone "unable to sign due to medical reasons". I was at an er for chest pain but was fully alert and aware of my surroundings. Within 10 minutes of being detained, blood was drawn without a warrant. I was released from er 1 hour after being brought there. Signed hospital paperwork, and arrest warrant, but did not sign or approve of a blood draw.

[PTPD22]

You were detained at the moment that you yielded to the pretty flashing lights in your rear view mirror. Are you saying that within 10 minutes of being pulled over, your blood was drawn? I know some states have LEOs that are trained and legally able to perform blood draws, but this is more commonly done by medical professionals in a hospital. I imagine that what you actually mean to say is that the blood draw happened 10 minutes after arriving at the hospital for your "chest pain."

I cannot speak for your specific case, but the most common "exigent circumstances" cited for a DUI blood draw is the destruction of evidence. The human body metabolizes alcohol/drugs after ingestion. So, your body is destroying evidence from the moment the police stop you. I don't know the case law in TN regarding this argument, but I'm sure your attorney does. Explain the factual details to your attorney and he/she will be able to advise you.

[cdwjava]

Keep in mind that even if - for some reason - the blood draw is ruled to be inadmissible, the state can also resort to a subpoena for the hospital's test results. Either way, it is likely that a chemical test will be admitted. But, this is all stuff to bring up with your attorney.

[RJR]

Signed hospital paperwork, and arrest warrant, but did not sign or approve of a blood draw.

What do you mean by, you signed an arrest warrant?

[cbg]

Post hx is interesting...

[lorie42]

At 1:00 am at jail, signed arrest warrant. I mention that to show that I was able to sign a document. Police wrote on waiver that I was unable to sign due to medical reasons between 11:30 pm -12:30 pm. This is a small town in tn, police known for taking shortcuts, courts dont let go of much. Need the money. Not much other income there.

I will be representing myself in general sessions at the preliminary due to financial reasons. Trying to save money for circuit court. Any advice on how to question officer at preliminary would be appreciated.