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NCJ Number: 136618 Add to Shopping cart Find in a Library
Title: Forcible Blood Draws in Deuce Cases
Journal: Law Enforcement Quarterly  Dated:(May-July 1992)  Pages:5-6,30-31
Author(s): R C Phillips
Date Published: 1992
Page Count: 4
Type: Survey
Format: Article
Language: English
Country: United States of America
Annotation: In cases where a DUI suspect refuses or offers resistance to providing a blood, urine, or breath sample to arresting officers, California law does allow the forcible collection of blood, with restrictions.
Abstract: California Vehicle Code 13353, the Implied Consent Law, mandates an automatic driver's license suspension for persons who refuse to submit to alcohol consumption tests following an arrest for suspected DUI. The forcible collection of blood does not violate an offender's right against self-incrimination, but it does require the police to furnish the prosecutor with sufficient evidence to justify a non-consensual taking of blood. Blood, when taken, must be extracted in a reasonable manner by a qualified person adhering to accepted medical practice. There are three classified levels of force relevant to the taking of blood: reasonable force; unnecessary force resulting in evidence admissibility but possible civil liability for the officers involved and excessive force that shocks the conscience of the court and results in suppression of the evidence and civil liability. 58 notes
Main Term(s): Blood/body fluid analysis; Driving Under the Influence (DUI)
Index Term(s): Alcohol consumption analysis; California; Lawful use of force; Police legal limitations
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=136618

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