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Mitchell v. Wisconsin | Warrantless Blood Draws

September 26, 2020 By Arthur McGibbons

Mitchell v. Wisconsin, SCOTUS No. 18–6210, Decided June 27, 2019. Episode 647 (Duration 22:02) (Categorical Rule Allows Warrantless Blood Draws From Unconscious Drivers)

Unconscious drivers plus natural BAC dissipation create an exigent circumstance for a blood draw.

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Filed Under: Blood

Birchfield v North Dakota | An Audio Case Summary

September 6, 2020 By Arthur McGibbons

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? Implied Consent Still Alive and Well, Forced Blood Draws Still Require a Warrant. [Read more…]

Filed Under: Blood, Police, SCOTUS

DUI On A Bridge Causes Huge Jurisdiction Problem

June 26, 2020 By Arthur McGibbons


People v. Lampert
, 2019 IL App (5th) 180248 (May)
. Episode 640 (Duration 16:08)

Defendant crashes on the bridge from Illinois to Kentucky fun jurisdictional SNAFU ensues.

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Filed Under: DUI, Police

DUI Probable Cause And Chicken Wing Hot Sauce In Your Beard

June 4, 2020 By Arthur McGibbons

People v. Bailey, 2019 IL App (3d) 180396 (May). Episode 631 (Duration 15:01)

Food in your beard is not particularly indicative of anything.

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Filed Under: DUI, Police, Probable Cause, Traffic Stop

Court Is Taking The Discovery Rules Seriously In Summary Suspension Hearings

April 20, 2020 By Arthur McGibbons

People v. Patel, 2019 IL App (2d) 170766 (March). Episode 603 (Duration 19:01)

State failed to produce discover for the SSS Hearing, they subsequently blew Trainor.

[Read more…]

Filed Under: Discovery, Police, Suspension

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