2/19/16 Arizona police may get a blood sample from a person if taken for medical purposes unless the person unambiguously, clearly and expressly rejects medical care.
Arizona Revised Statute 28-1388(E) allows the police to obtain a blood sample taken from a person without the person’s consent if probable cause exists that the person committed a crime and medical personnel are drawing blood for medical purposes. An exception to this statute is the police may not get a sample from medical personnel if the sample is obtained after the person has rejected medical treatment. In State v. Nissley, the court of appeals held that to use this argument to prevent the State from using the blood test results at trial, the person must show that he “unambiguously, clearly and expressly” rejected medical care. The dissent in the case said the test should not be, did he unambiguously, clearly and expressly reject medical care, but whether he freely and voluntarily consented to medical treatment.
https://www.azcourts.gov/Portals/0/OpinionFiles/Div1/2015/CR%2012-0780.pdf
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