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PA: Obtaining hospital's blood draw in DUI case with a SW and PC was valid

By John Wesley Hall, Jr.

The trial court erroneously suppressed the result of a second blood draw at a hospital in a DUI case where there was probable cause to believe defendant was under the influence when driving and the police used a search warrant to obtain the blood sample from the hospital. Commonwealth v. Miller, 2010 PA Super 93, 2010 Pa. Super. LEXIS 401 (May 24, 2010).* In a RICO case, the district court’s finding on voluntariness of consent is supported by the evidence, so it is affirmed on appeal. United States v. Wilson, 2010 U.S. App. LEXIS 10558 (D.C. Cir. May 25, 2010).* Officers had an arrest warrant for the defendant, and they had probable cause to believe he was present to justify the entry for him. So, the court does not have to decide which standard should apply...continue to full post

Full post as published by Fourth Amendment on May 26, 2010 (boomark / email).