Perspective
Jan. 9, 2014
Questions linger after landmark DUI case at US high court
Suppose your client is arrested for a DUI. After he refused to consent to a blood draw, medical personnel - acting at the direction of law enforcement and without a warrant - drew his blood anyway. By Sunil R. Kulkarni
Suppose your client is arrested for driving under the influence. After he refused to consent to a blood draw, medical personnel - acting at the direction of law enforcement and without a warrant - drew his blood anyway, and the resulting chemical test confirmed the presence of alcohol. Will the court exclude this evidence under the Fourth Amendment?
The answer, at least in California, used to be an unequivocal "no." Peo...
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