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22 Nov 2009, 9:32 am by Brian Shiffrin
In People v Lerow (_ AD3d __, 2009 NY Slip Op 08648 [4th Dept 12/20/09]) the Fourth Department decided an apparent issue of first impression for a New York appellate court: Can a New York police officer lawfully to direct the withdrawal of blood from a suspect who is physically located outside of the state, where the supsect had been involved in a vehicular accident in New York State and transferred to another state (in this case Pennsylvania. [read post]
14 Oct 2019, 7:16 am by Patrick@nimblelight.com
In the 2013 case Birchfield v North Dakota, the Supreme Court ruled that warrantless blood tests were a violation of the Fourth Amendment but upheld implied consent laws that require drivers to submit to breathalyzer tests. [read post]