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Probable cause, but not a "clear indication," is required for a routine blood draw

By John Wesley Hall, Jr.

An AFIS hit on a 25 year old fingerprint connected defendant to a murder was probable cause to get a blood sample from the defendant by a search warrant, and a "clear indication" is not required under Schmerber for a routine blood draw. State v. Grant, 2008 Conn. LEXIS 135 (April 22, 2008). The information given police from neighbors indicated that defendant had an ongoing drug operation at his house, so the information in the affidavit for the search warrant was not stale. United States v. Stephens, 2008 U.S. Dist. LEXIS 33055 (N.D. Ind. April 21, 2008).* The defendants were clearly guests of the occupant to have standing. the had duffle bags in the bedrooms, and, when one was taken away by the police, he gave the police a key to lock up...continue to full post

Full post as published by Fourth Amendment on April 25, 2008 (boomark / email).