Search Warrant
In State v. Patrick McLeod Nissley, No. CR-15-0393-PR, (2/1/17), the Arizona Supreme Court held that nonconsensual warrantless blood draws as authorized by A.R.S. § 28-1388(E), Arizona’s Medical Blood Draw Exception, require the patient/ defendant either consent to medical treatment or be incapable of consenting to the treatment. The court also said the burden of…
2/8/16 Arizona Court of Appeals rules that blood sample was lawfully taken from an arrested DUI suspect when taken for medical purposes, even though the police had time to obtain a search warrant. Arizona law provides that blood samples from a DUI suspect may only be obtained by the suspect’s consent, with a search warrant…