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KY: Blood draw from unconscious motorist has be with with PC, not just fact of a death

By John Wesley Hall, Jr.

A blood test in a DUI–death case could be performed with probable cause, even if defendant were unconscious. Here, the suppression hearing never established whether there was PC for the blood draw, and the case is remanded for reconsideration. The fact of a death is not enough. Helton v. Commonwealth, 2009 Ky. LEXIS 186 (August 27, 2009), Released for Publication January 21, 2010. Search warrant in a cigarette tax avoidance case covered an 8 year period, and it was not unconstitutionally overbroad; it “limits the search to items tied to crimes charged.” United States v. Wilbur, 2010 U.S. Dist. LEXIS 9868 (W.D. Wash. February 4, 2010).* Defendant’s consent to enter his home in a bank robbery case was valid, relying in part on the fact he had been arrested three times before as showing knowledge of his rights...continue to full post

Full post as published by Fourth Amendment on February 09, 2010 (boomark / email).