Welcome to the APBWeb.
Results 1 to 10 of 10
  1. #1
    gopherpuckfan's Avatar
    gopherpuckfan is offline I'm from the government and I'm here to help
    Verified LEO
    Join Date
    02-02-07
    Location
    Twin Cities, MN
    Posts
    2,747
    Rep Power
    1717608

    MN Supreme Court Gives Officers More Leeway in DWI Cases

    http://kstp.com/article/stories/S461248.shtml?cat=1

    High court gives police more leeway in DWI cases
    ST. PAUL (AP) - Minnesota law enforcement officers have more power to order blood tests without a warrant in cases where a suspected drunken driver kills or seriously injures someone else.
    By a 5-2 ruling Friday, the state Supreme Court reversed previous decisions that supressed blood-alcohol evidence obtained from a woman without permission soon after she was involved in 2006 head-on collision in Burnsville.
    The majority held that waiting for a warrant could have caused key evidence against the woman to disappear because alcohol levels can drop as time elapses. She faces seven criminal charges, including several felonies.
    Justice Christopher Dietzen says an officer's finding that there was probable cause of alcohol impairment was enough to justify the blood draw done at a hospital within 45 minutes of the crash.
    In her dissent, Justice Helen Meyer warns that the ruling "erodes the right of citizens in Minnesota to be secure from unreasonable searches and seizures."

    (Copyright 2008 by The Associated Press. All Rights Reserved.)
    The views expressed in the above post are the sole opinion of the author and do not reflect any official position by the author's employer and/or municipality.

  2. #2
    MacLean's Avatar
    MacLean is offline O/R Gun mod
    Verified LEO
    Super Moderator
    Join Date
    09-05-07
    Location
    Washington State
    Posts
    11,802
    Rep Power
    4584773
    We have that ability here, I sorta took it for granted most States did.

    Funny story here though, even if the dirtbag is passed out we have to read them their implied consent warning and Miranda warning.
    I'm your huckleberry...

    Quemadmoeum gladis nemeinum occidit, occidentus telum est!

    You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.


    I was looking for a saint who was a devil of a lover,
    but every girl I found was either one way or the other...



  3. #3
    gopherpuckfan's Avatar
    gopherpuckfan is offline I'm from the government and I'm here to help
    Verified LEO
    Join Date
    02-02-07
    Location
    Twin Cities, MN
    Posts
    2,747
    Rep Power
    1717608
    We've been able to do it, but the drunk lady in the story challenged it. The court ruling solidifies our position.
    The views expressed in the above post are the sole opinion of the author and do not reflect any official position by the author's employer and/or municipality.

  4. #4
    lewisipso's Avatar
    lewisipso is offline Injustice/Indifference/In God we trust
    Supporting Member Lvl 3
    Verified LEO
    Super Moderator
    Join Date
    02-02-07
    Location
    Louisiana
    Posts
    14,721
    Rep Power
    6936012
    Quote Originally Posted by maclean View Post
    We have that ability here, I sorta took it for granted most States did.

    Funny story here though, even if the dirtbag is passed out we have to read them their implied consent warning and Miranda warning.
    I just did that. Then had to mark the form unable to sign.
    Do not war for peace. If you must war, war for justice. For without justice there is no peace. -me

    We are who we choose to be.

    R.I.P. Arielle. 08/20/2010-09/16/2012


  5. #5
    TheeBadOne's Avatar
    TheeBadOne is offline Why so serious?
    Verified LEO
    Join Date
    03-13-06
    Location
    Minnesota
    Posts
    1,119
    Rep Power
    7265082

  6. #6
    Ducky's Avatar
    Ducky is offline Enforcer General
    Supporting Member Lvl 3
    Join Date
    12-05-05
    Location
    Handbasket, enroute to somewhere hot.
    Posts
    11,108
    Rep Power
    7439165
    Hot damn.

    When law enforcement has probable cause to believe a defendant has committed the offense of criminal vehicular homicide or operation under Minn. Stat. 609.21 (2006), it is important that the defendant‟s blood be tested within 2 hours of the accident causing injury to or the death of another. The rapid, natural dissipation of alcohol in the blood creates a single-factor exigent circumstance that will justify the police taking a warrantless, nonconsensual blood draw from a defendant, provided that the police have probable cause to believe that defendant committed criminal vehicular homicide or operation.
    \\
    ` ` ` ` < ` )___/\
    `` ` ` ` (3--(____)
    "...but to forget your duck, of course, means you're really screwed." - Gary Larson
    http://www.youtube.com/watch?v=MtN1YnoL46Q


  7. #7
    jmur5074's Avatar
    jmur5074 is offline Moderator
    Premium Lifetime Member
    Verified LEO
    Site Moderator
    Join Date
    12-04-05
    Location
    Minnesota
    Posts
    9,051
    Rep Power
    6232622
    Threads merged.
    No one has greater love than this, to lay down ones life for ones friends - John 15:13

    "The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".

    We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.

    ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~
    The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Police Chief, City Council, or any member of my department.

  8. #8
    Cross240 is offline Temporarily Civilianized
    Join Date
    05-12-06
    Location
    East Tennessee
    Posts
    494
    Rep Power
    147011
    Tennessee state law is similar to that. If they are involved in a MVA with bodily harm or death we can hold them down for the nurses to take the blood. They dont have a choice in the matter, that goes for passengers in the vehicles as well.

    Just a regular DUI arrest we still have implied consent.
    There is no hunting like the hunting of man, and those who have hunted armed men long enough and liked it, never care for anything else thereafter. -- Ernest Hemingway

  9. #9
    jcsdscott's Avatar
    jcsdscott is offline The short minister
    Verified LEO
    Join Date
    11-12-06
    Location
    Southern Illinois
    Posts
    1,889
    Rep Power
    885591
    Quote Originally Posted by maclean View Post
    We have that ability here, I sorta took it for granted most States did.

    Funny story here though, even if the dirtbag is passed out we have to read them their implied consent warning and Miranda warning.
    same here; and with a Class A injury/accident, they can't refuse the blood draw.
    Romans 8:28-31

    "Anima Sana In Corpore Sano"

    The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Sheriff, County Board, or any member of my department.

  10. #10
    JAYBIRD33081's Avatar
    JAYBIRD33081 is offline CAT: THE OTHER WHITE MEAT
    Supporting Member Lvl 3
    Join Date
    01-10-08
    Location
    Eagan, MN
    Posts
    403
    Rep Power
    27399
    well in them cases you have to get them blood test right away. The longer you have to wait the more alcohol is gonna be metabolized and the tests wont show what the BAL was at the time of the accident.

 

 

Thread Information

Users Browsing this Thread

There are currently 1 users browsing this thread. (0 members and 1 guests)

Tags for this Thread

Bookmarks

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •