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MA: Conflict of laws: Blood draw in MD complied with requirements of MA law

By John Wesley Hall, Jr.

Defendant was stopped while driving his victim's car in Maryland, and the officer saw blood on him. Blood was drawn in Maryland and sent back to Massachusetts for testing. Defendant was not prejudiced by how the blood draw was done in Maryland, and it complied with the requirements of Massachusetts law. Commonwealth v. Banville, 2010 Mass. LEXIS 590 (August 13, 2010): At such a hearing the judge “must weigh the seriousness of the crime, the importance of the evidence to the investigation and the unavailability of less intrusive means of obtaining it, on the one hand, against concern for the suspect's constitutional right to be free from bodily intrusion on the other.” Id. at 836, quoting Matter of an Investigation into the Death of Abe A...continue to full post

Full post as published by Fourth Amendment on August 19, 2010 (boomark / email).