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Blood draw during hospital stay for investigative purposes was a Fourth Amendment violation

By John Wesley Hall, Jr.

Defendant was in a VA hospital for treatment for diabetes, and he was a suspect in a rape. Defendant was subject to blood draws for treatment, and NCIS requested an additional blood draw for criminal purposes. That search violated the Fourth Amendment and M.R.E. 312(f) because it was not for military preparedness. United States v. Stevenson, 2008 CAAF LEXIS 230 (C.A. A.F. February 14, 2008): In fairness to the military judge, the lower court and the parties, the clarity of this conclusion was not forecast by this Court's discussion of Fitten in Stevenson II. In Fitten, the appellant--admitted to the emergency room because of erratic behavior apparently due to drug use--underwent an involuntary catheterization in order to determine the cause of his condition, so as to inform subsequent treatment...continue to full post

Full post as published by Fourth Amendment on February 26, 2008 (boomark / email).