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UT: Blood was taken without consent

By John Wesley Hall, Jr.

Defendant's consent to taking of a blood sample was not voluntary, if it was consent at all. She made it clear that she was afriad of needles and her demeanor when a needle was used on her was corroborative of that. She kept offering blood, but not by a needle, so the police essentially took it while trying to assure her that it would be all right. Her failure to withdraw her arm was not a manifestation of consent since she was essentially surrounded by police officers. She was convicted of automobile homicide after cocaine was found in her blood. State v. Tripp, 2008 UT App 388, 2008 Utah App. LEXIS 379 (October 30, 2008).* Citizen informant called police about a possible drunk driver, and gave a detailed discription of the vehicle and the number of occupants...continue to full post

Full post as published by Fourth Amendment on November 03, 2008 (boomark / email).