Legal Question in Criminal Law in California

Is it legal for an officer to stop someone walking out of a business after hours & after finding out they are the owner of the business accuse them of being under the influence, give them the same field test 3 times, place them under arrest & take them to the hospital & with the help of 2 fellow officers force someone to give up blood. By force i mean shove a person in a corner & hold them down while a doctor sticks a needle in your arm with NO consent? The person was on private property, was not driving a vehicle & did not appear or give any suspicion of being under the influence of any drug.


Asked on 8/29/09, 10:36 am

1 Answer from Attorneys
Brian Dinday Law Offices of Brian R. Dinday

Sounds highly IL-legal to me. I can't imagine what their motivation was to do this. Sounds a lot like Mr. Obama's friend.Could this be a BWB offense? (Breathing While Black?) Or are these cops friends of a lady who wants a DNA paternity test, or they suspect him of illegal drug use? One thing seems likely: this was not random.

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Answered on 8/29/09, 3:21 pm


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