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Consensual Blood Draw In An Illinois DUI Has To Be Clear And Unequivocal Especially If You Have Not Been Ticketed

March 12, 2018 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/461.mp3

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People v. Hayes, 2018 IL App (5th) 140223 (February). Episode 461 (Duration 17:53)

Defendant runs over and kills a 7 year old boy, however, the resulting DUI blood draw is out because defendant was never under arrest. [Read more…]

Filed Under: Blood, Police

Police Arrest The Defendant And Hold Her Down While She’s Catheterized NonetheLess No State Action

January 10, 2018 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/439.mp3

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People v. Sykes, 2017 IL App (1st) 150023 (December). Episode 439 (Duration 9:13)

Cops help hold her down while they force catheterize her, was this an illegal seizure after they captured and tested her urine? [Read more…]

Filed Under: Blood, Police

In This Forced Blood Draw Case Defendant Argues There Was Exigent Circumstances That Justified A Warrantless Blood Draw At The Hospital

January 9, 2018 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/438.mp3

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People v. Eubanks, 2017 IL App (1st) 142837 (December). Episode 438 (Duration 12:56)

On December 21, 2009 defendant ran over a mom and child killing the mom when he refused to give blood or urine they held him done so they could draw it. [Read more…]

Filed Under: Blood, Police

Forced Blood Draw In This Illinois DUI Sustained By The Illinois Supreme Court

December 5, 2017 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/423.mp3

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People v. Brooks, 2017 IL 121413 (November). Episode 423 (Duration 13:50)

Defendant is taken to the hospital kicking and screaming literally against his will and his blood is drawn.

[Read more…]

Filed Under: Blood, Police

How Can Police Enforce A Blood Warrant: A Discussion With Anthony Cameron

April 11, 2017 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/319.mp3

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In Episode 319 (Duration 35:33), Anthony Cameron sits down with us to talk about how police can enforce a warrant for a suspect’s blood. [Read more…]

Filed Under: Blood, Podcast, Warrant

Exclusionary Rule Has Its Place In Blood Draw Cases…For Now

March 13, 2017 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/462.mp3

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People v. Turner, 2018 IL App (1st) 170204 (February). Episode 462 (Duration 9:30)

Good faith exception saves this warrantless blood draw. [Read more…]

Filed Under: Blood, Police

Implied Consent Still Alive and Well, Forced Blood Draws Still Require a Warrant

June 27, 2016 By Samuel Partida, Jr.

http://traffic.libsyn.com/criminalnuggets/186.mp3

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Birchfield v. North Dakota, SCOTUS No. 14–1468. Argued April 20, 2016—Decided June 23, 2016. Episode 186 (Duration 8:34).

May the State criminalize the failure to comply with implied consent laws? [Read more…]

Filed Under: Blood, Police, SCOTUS

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Consent Enhancement Expert Guilty Plea Gun Add-On Jury Jury Instructions Mistake of Law Probable Cause Public Trial Reasonable Suspicion SCOTUS Structural Error Sufficiency of the Evidence Traffic Stop Warrant

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