New rules for execution of blood search warrants have been promulgated by the Second Court of Appeals. The procedure must not unnecessarily expose to possible medical risk. A critical question must be asked. The decision encourages the suspect to resist. Johnston
Interesting, though it seems that the Justices made it very clear that the reasonableness determination applies only to this case and not to the entire program/procedure.
Posts: 95 | Location: Marble Falls, TX USA | Registered: October 29, 2006
I predict a PDR. Not a very thoughtful application of the law. Schmerber was a warrantless search and seizure of blood and was a very splintered opinion. A warrant-based search does not raise nearly as many issues. The Court overreaches, imposing all sorts of ridiculous standards that are not constitutionally required, not to mention it's obvious dodge of the good faith requirement.
Still, I have always thought that the better practice is to have medical personnel separate from law enforcement take the blood. Doesn't necessarily have to be done in a hospital; the medical clinic area of a jail with a trained phlebotomist is fine.
For a while, this case will generate much chatter and litigation, but the net result will, I think, be that the police did not violate the constitution. Hey, the case might even make it to SCOTUS.
