Does a warrantless blood draw on an unconscious DUI suspect violate the 4th Amendment? Mitchell v. Wisconsin

Does a warrantless blood draw on an unconscious DUI suspect violate the 4th Amendment? Mitchell v. Wisconsin

Does a warrantless blood draw on an unconscious DUI suspect violate the 4th Amendment? We’ve been waiting on the answer to this question since 2016 with People v. Arredondo, which the Cal Supremes have been holding onto. Well, the US Supremes made the decision on their June 27, 2019 decision Mitchell v. Wisconsin (139 S. Ct 2525). And the answer is no, most likely drawing blood from an unconscious DUI suspect does not violate the 4th Amendment...

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Fake Friending by Police does not violate the 4th Amendment. People v. Pride.

Fake Friending by Police does not violate the 4th Amendment. People v. Pride.

In this January 10, 2019 decision People v. Pride*,  an undercover officer posed as someone, sent Defendant a friend request…and then after a crime, Defendant posted something incriminating on his social media. The officer saw that post without using a warrant, as he was a “friend.” His account was private–open to only the people whose friend request Defendant accepted. And the posts disappeared after a period of time....

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Update in whether a DUI blood draw requires a warrant. People v. Gutierrez

Update in whether a DUI blood draw requires a warrant. People v. Gutierrez

This 10/2/18 People v. Gutierrez* case comes down within a legal window left open from the 2016 US Supreme Court decision of Birchfield**. Birchfield held a breath test after a DUI arrest does not require a warrant but a blood test does…unless there is an exception to the warrant requirement (exigent circumstances, consent, or search incident to arrest). But what “Birchfield does not address is how the search-incident-to-arrest...

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Automobile v. Curtilage Search…which wins? Collins v. Virginia

Automobile v. Curtilage Search…which wins? Collins v. Virginia

Let’s start with the 4th Amendment, as it protects against warrantless, unlawful searches. However, we have some exceptions within the 4th Amendment: one being the warrantless search of an automobile. Generally automobiles have less Constitutional protections than do homes, with one of the main reasons is the “ready mobility” of a vehicle. There are other protections and rules in place, but generally “officers may search an automobile without...

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If running a motion to suppress based on several searches, Defendant must identify government conduct that is objectionable.

If running a motion to suppress based on several searches, Defendant must identify government conduct that is objectionable.

California Penal Code 1358.5 provides that evidence obtained in a warrantless search in violation of the 4th Amendment (unlawful search and seizure) can be suppressed. Well, what if Defendant is claiming there were several searches…and several pieces of evidence unlawfully obtained from the different searches? When filing the Motion to Suppress, must Defendant specifically identify which searches that are being objected to? From the May...

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