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.
More and more DUI's will be proven based on the chemicals in a person's blood.
Which begs the question: What exactly happens when a person refuses to give up their blood even though there's a warrant?
Well, Anthony Cameron helps us figure this out.
About Anthony Cameron
Anthony Cameron is a lawyer in Quincy, Illinois. Anthony was Adams County state's attorney from 1980 to 1984. Now, his practice does it's fare share of criminal defense.
However, Anthony does not limit his practice to only criminal justice cases.
Any dilemma involving conflict with a government agency is in his wheelhouse.
Important Links & Resources
- Birchfield v. North Dakota
- Birchfield v. North Dakota (audio summary)
- Driving Under The Influence of Drugs
- People v. Brooks 2016 IL App (5th) 150095-U
What's In This Episode
✓ What is a blood draw? (7:13)
✓ Why contempt of court is a horrible way to force someone to give up their blood. (Go to 8:06)
✓ The truth about hospital medical staff when they encounter an individual absolutely refusing to submit to a blood sample withdrawal. (Go to 9:20)
✓ An anecdotal account of a case where an officer was looking for the one state that was willing to strap a guy down to take his blood. (Go to 10:21)
✓ Illinois has chosen its remedy to force DUI suspects to give up their blood. It's not contempt of court or a criminal charge but this. (Go to 10:41)
✓ “What is the State's remedy when the defendant says, ‘I'm sorry sir. I know you have this warrant, but I'm not giving you permission to take my blood.'?” (Go to 11:27)
✓ The only crime where the defendant gets to control the crime scene. (Go to 11:58)
✓ How Illinois implied consent law works. (Go to 13:18)
✓ The story in Birchfield begins with police getting a warrant for a DUI suspect's blood. (Go to 15:27)
✓ Illinois can absolutely choose to criminalize refusing to give up a biological sample. For now, they have chosen this other route. (Go to 17:11)
✓ The thing I didn't understand about charging someone with obstruction of justice when they refuse to comply with a warrant for their blood. (Go to 17:52)
✓ Respiration and absorption are biological processes, do you “knowingly” perform them? (Go to 19:03)
✓ The one time Anthony bit his lip and held back during a “bogus” plea deal. (Go to 20:13)
✓ This former state's attorneys says he's looked through the code and he doesn't see a charge that would allow authorities to charge, penalize or otherwise coerce a hypothetical defendant who refuses to give blood after a warrant. (For now, that is.) (Go to 21:17)
✓ Yea, but what about a simple charge of obstructing for “interfering” with lawful police activity? (Go to 21:41)
✓ The problem with the use of force in the execution of any warrant for biological material…This is the number one thing a hospital supervisor is thinking about. (Hint: It ain't worrying about your health.) (Go to 22:43)
✓ “Defensive medicine” has been a term for more than 50 years. (Go to 23:25)
✓ The right way to get yourself charged and convicted of obstruction of justice. (Go to 23:35)
✓ Why we think we'll be seeing more and more “blood” cases. (Hint: Benevolent and compassionate cannabis is on the rise) (Go to 27:24)
✓ WARNING: This scared the crap out of Anthony when he was going through his own physical rehab and got a taste of those pain killers. (Go to 28:12)
✓ A little prediction about what Anthony thinks we'll see from law enforcement in this area. (Go to 30:23)
✓ The seminal case on many of these blood cases is before the Illinois Supreme Court. You bet we'll be following it here. You never know when a case is going to walk through your doors, and it turns out to be the “big one”. (Go to 31:34)
Before You Go…
Case law mastery is crucial to zealous and effective advocacy.
I've come to believe that steady, persistent attention the cases can take any attorney to the next level.
If you're interested in taking the first step towards mastering your Illinois criminal courtroom then hit the link below.