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Dissipation of alcohol is exigent circumstance for blood draw in vehicular homicide case

By John Wesley Hall, Jr.

"The rapid, natural dissipation of alcohol in the blood creates a single-factor exigent circumstance that will justify the police taking a warrantless, nonconsensual blood draw from a defendant, provided that the police have probable cause to believe that defendant committed criminal vehicular homicide or operation." State v. Shriner, 2008 Minn. LEXIS 286 (May 30, 2008).* Officer's viewing of defendant swerving within his own lane and driving erratically was sufficient to support his stop. State v. Loy, 2008 Tenn. Crim. App. LEXIS 425 (May 30, 2008).* Officer had probable cause to search both driver and passenger when the car was stopped and they both smelled of burnt marijuana. State v. Fewell, 2008 Kan. LEXIS 205 (May 30, 2008).*

Full post as published by Fourth Amendment on June 02, 2008 (boomark / email).