CRIM 424 Lecture Notes - Lecture 6: Breathalyzer, Implied Consent, Double Jeopardy
28 Nov 2018
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Different jurisdictions can"t prosecute someone for the same crime. No longer blanket exception for alcohol in blood to get without a warrant less search. Medical personnel unless the officer has been trained in the medical background for them to do it. Makes it a lot easier to send warrants to judges online. No longer will the arrest justify the blood draw. Can"t have implied consent law if you are arrested that you automatically consent to a blood draw. Blood draw without a court order and no automatic blood draw for arrests. Can be charged under a criminal code if you are refusing to do the breathalyzer. Scope: can to do what is necessary to eliminate the emergency. If it happens at a 7/11 there is no need for ra search warrant to collect evidence and search: no 4th amendment issues. It was seized in violation of the 4th amendment: government action, emergency exception.
