Aug 062022
 August 6, 2022  Posted by  Court, Surveillance, U.S.

Shira Schoenberg reports:

The police cannot test a person’s blood to determine blood alcohol content without that person’s consent, even if the person authorized the blood draw itself, the Supreme Judicial Court ruled Friday. 

It is well-established law that the police cannot order a blood test without a person’s consent, in order to protect the safety of both the subject and medical personnel. But the SJC was presented with a unique drunk driving case in which the driver, Eric Moreau, was taken to the hospital after a collision and agreed to a blood test for medical purposes. The Gardner police then obtained a warrant for his blood and tested it to determine his blood alcohol content. Based on the results, Moreau was charged with operating under the influence and negligent driving.  

Read more at CommonWealth.

h/t, Joe Cadillic

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