Legal Question in Criminal Law in California

What are the laws concerning a California police officer forcibly doing a blood drug screen test without consent, warrant, if unrelated to driving, probation, employment, welfare, pregnancy, minors. and or emergency of any other crime while during only a detention?


Asked on 2/19/12, 2:59 pm

4 Answers from Attorneys

Glen Fleetwood Mister DUI-800-468-2-502

So why did he do it?

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Answered on 2/19/12, 3:05 pm
Brian McGinity McGinity Law Office

I agree with Mr. Fleetwood. Why did he detain you? and why did he want a blood test? You did not mention that it was not unrelated to drugs, could there be an issue regarding substances going on?

Good luck

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Answered on 2/19/12, 4:10 pm
David M. Wallin Law Offices OF David M. Wallin

Yes, it sounds like law enforcement thought you might be under the influence and wanted you to do a blood test to detect possible drugs in your system. The law regarding forced blood draws is that, short of pumping your stomach, cops have a wide berth regarding forcably taking blood. Speak to a lawyer in or near your area .......... David Wallin

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Answered on 2/19/12, 4:19 pm


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