Category: Blood Draw
“Mandatory Blood Draw” Still Requires Warrant or Exception
A blood draw for testing its alcohol content is still considered a search under existing federal and state law. Fourth Amendment rights and privacy concerns apply. The Tennessee Court of Criminal Appeals, in State v. Brown, W2014-00162-CCA-R9-CD (Tenn.Crim.App. 4-30-2015), has again (consistent with prior appellate opinions) reviewed Tennessee’s statutory provisions requiring a blood draw under certain circumstances