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Warrantless blood test can be used in DWI case in which student was killed
submitted 4 years ago by dcjogger from nj.com
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[–]Drewski 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 0 fun3 insightful - 1 fun - 4 years ago (0 children)
Judge Christine Allen-Jackson denied Gilliam's motion to suppress the BAC evidence on Monday, saying that investigators had an urgent need to test him before the alcohol dissipated from his system, and that outweighed the goal to get a warrant.
No, the constitution is the absolute law of the land and the 4th Amendment is an imperative, not a "goal" that can be ignored when officers think they have some arbitrary "urgent need". This judge should be disbarred for breaking the oath she took to uphold the law.
Gilliam was allegedly loud and belligerent with officers and refused a field sobriety test, so an officer took him to Kennedy Hospital where he consented to the blood test, she said.
So he consented to the test at the hospital, seems like there should be plenty of evidence to convict without violating his rights and setting a bad precedent.
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[–]Drewski 2 insightful - 1 fun2 insightful - 0 fun3 insightful - 0 fun3 insightful - 1 fun - (0 children)