Legal Question in Criminal Law in California

11550 law

Can police forcibly take blood from you when there is no probation or parole and no crime was committed? Is this legal for a mistermeaner?


Asked on 12/13/08, 4:09 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: 11550 law

It depends and your question really does not include enough facts to give you any type of answer. Generally blood tests are conducted when there is some type of driving and under the influence issues and the suspect is not being cooperative when it comes to blowing into the breath test device. However, there are situations where a blood test can be taken without the consent of the suspect. However, it can also be an issue in court and a motion to suppress could be used under the correct circumstances. Your question really does not provide enough information to even take a guess at answering it. So I do not know what to tell you. Contact an attorney in your area and let them know the facts and see what they tell you. Good luck

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Answered on 12/13/08, 8:49 pm


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