Dec 072019
 December 7, 2019  Posted by  Court, Govt, Surveillance


State’s own delays in attempting to get a blood draw showed lack of exigency for it. People v. Eubanks, 2019 IL 123525, 2019 Ill. LEXIS 1235 (Dec. 5, 2019):

[*P66] Given the facts, the State’s original concession that sufficient exigent circumstances were lacking is not surprising. No evidence was introduced that the police ever attempted to secure a warrant. This is to be expected, as the statute told them they did not need one. The police told defendant that the law required him to give the blood and urine samples, so they were clearly proceeding under the belief that a warrant was unnecessary.


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