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AZ: Blood draw in "serious accident" without PC not admissible in a criminal case

By John Wesley Hall, Jr.

Warrantless blood draw where there was no probable cause to believe the driver was impaired but the driver was involved in a serious accident, the special needs exception cannot be relied upon to admit the result of the blood draw in a criminal case. State v. Quinn, 2008 Ariz. App. LEXIS 49 (March 25, 2008).* Apparent hand to hand transaction is not alone reasonable suspicion. "But when, as in the current case, an officer observes items changing hands, when the transaction takes place in a specific location known for drug-related activity, and when it takes place late at night, an officer's otherwise unparticularized suspicions may be elevated to the level of reasonable suspicion." State v. Fornof, 2008 Ariz. App. LEXIS 50 (March 25, 2008)...continue to full post

Full post as published by Fourth Amendment on March 28, 2008 (boomark / email).