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The officer did not seek a warrant to conduct the blood test, but asked McNeely for his consent. McNeely was warned by the officer that by refusing a chemical test, his license would be revoked for one year. McNeely continued to refuse, and at 2:35 a.m., the officer proceeded to instruct the lab technician to draw a specimen of blood from McNeely.
The United States Supreme Court ruled that police must generally obtain a warrant before subjecting a drunken-driving suspect to a blood test, and that the natural metabolism of blood alcohol does not establish a per se exigency that would justify a blood draw without consent. Regarding blood tests, some commentators, such as Brown University's ...
At the trial court, Mitchell made a motion to suppress the results of the hospital blood draw on the grounds that it was a warrantless search and thus unconstitutional under the Fourth Amendment. The prosecutor argued that Wisconsin's state laws constitute implied consent to blood draws once someone begins driving a vehicle. [ 2 ]
Blood donation campaigns are events that allow people to donate blood at schools, churches, and other community locations. A blood drive or a blood donor session is an event in which donors come to donate allogeneic blood. These can occur at a blood bank, but they are often set up at a location in the community, such as a shopping center ...
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a warrant must have been issued ordering the taking of a blood sample, or; the patient must give his or her consent. [1] [3] [4] She cited to that effect the specific hospital policy, on which the police department had agreed, that would not permit her to provide the blood sample. [5] Payne, however, insisted he had implied consent to obtain ...