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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 29985
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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I had a question about when your blood is taken from you at

Customer Question

I had a question about when your blood is taken from you at the police station. Why are they allowed to take blood? shouldn't it be a nurse or doctor? or are the officers certified nurse? My friend was in an accident. He passed all his field sobriety tests nevertheless they took him in and held him down and took blood. The test came back and they said he had high amounts of meth which he has allegedly never touched before in his life. My question is he passed the field sobriety test and breathe. But they still insisted on taking him in. Is there first probably cause? to do so? and whats the chain of command they need to follow? It doesn't make sense to me why they would after he passed his field tests. He was probably nervous but shouldn't be a reason. Especially after being in an accident one is nervous. He just crashed his wife's car and knew he was going to get it. Anyhow any advise on how he can beat this would be appreciated.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Lucy, Esq. replied 2 years ago.
Hi,

My name is ***** ***** I'd be happy to answer your questions today. I'm sorry to hear that this happened.

The Supreme Court of the United States has said that police must get a warrant before they can take someone's blood without consent. So, if he did not agree (as evidenced by them holding him down) and no warrant was obtained, he can file Motion to Suppress the blood tests.

Probable cause depends on the specific facts of the case. But if they applied for a warrant, then he can request a copy of the affidavit, and his lawyer will review it to determine if probable cause existed. Note that refusing to consent cannot be the basis for probable cause. The affidavit has to be signed by the officer and presented to a magistrate. Once a blood test is authorized, it should be taken by someone licensed to do so.

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Customer: replied 2 years ago.

Thank you so much for answering, although I did forget to mention that my friend was in an accident and there were injuries sustained. So does that change your original answer to my question? Also he was the only one tested.

Expert:  Lucy, Esq. replied 2 years ago.
If he was injured in an accident, he should be at the hospital and police absolutely should not be taking his blood.

At the hospital, doctors and nurses can do whatever is necessary to provide treatment, and police can subpeona records from the hospital later. But that means they'd need to show that taking the blood was required treatment, or, again, they needed a warrant.
Customer: replied 1 year ago.

He was never taken to the hospital, when he probably should of been because he was just in an accident, instead he was taken to jail where there they took blood. The accident was a chain reaction and there were a couple of passengers in other cars that were taken to the hospital. So now after he was released after a 72hr s in jail, a month later they came up with a court date. He went to the court and they arrested him accusing him of a DUI accident causing bodily harm..we are wondering whos blood they tested, because if they tested his blood then they would of found traces of THC, and they didnt, but they are accusing him of meth when he doesnt do it.