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Tag Archives: Fourth amendment

Forced Catheterization: Medically Acceptable and Reasonable?

Imagine you are pulled over and suspected of driving under the influence of an intoxicant (DUI or DWI). The Officer decides he has probable cause to arrest you for DUI, and pursuant to your state’s implied consent law, he requests that you provide a sample of urine to determine the alcohol and/or drug contents in your system. Again, he specifically requests a urine test, not a breath test or a blood test to determine the amount of alcohol, prescribed medication, ... Read More »

Tennessee Adopts a (Limited) Good-Faith Exception to the Warrant Requirement

On November 3, 2016, Tennessee joined the ranks of over a dozen states that have adopted a limited good faith exception to the search warrant requirement in a Tennessee DUI case that involves a warrantless blood draw.[1] A blood draw for the purpose of determining a person’s blood alcohol content is a search under the Fourth Amendment, and a warrant is required unless an exception to the search warrant requirement applies.[2] For example, some exceptions include consent to the blood ... Read More »

Tennessee v. Kennedy & Tennessee v. Wells – Blood Draws and the Fourth Amendment

Two Tennessee cases were recently decided concerning the constitutionality of mandatory blood draws of those accused of driving under the influence (DUI). This legal issue is highlighted in Tennessee Court of Criminal Appeals cases, State v. Kennedy[1] and State v. Wells.[2] Both cases discuss at length the constitutionality of the Implied Consent statute, Tennessee Code Annotated (T.C.A) § 55-10-406(f)(2) in relation to Fourth Amendment rights against unreasonable searches and seizures. Generally, T.C.A. § 55-10-406(a) provides that “[a]ny person who drives ... Read More »

Facial Recognition by the Tennessee Department of Safety and Homeland Security

Knoxville recently added its third self-service kiosk designed for convenient driver’s license renewal. This kiosk, like the forty others in Tennessee, functions using biometric facial recognition technology to recognize the driver. As of 2013, agencies in thirty-seven states, including the Tennessee Department of Safety and Homeland Security, were using a database of photos for facial recognition: amounting to an estimated 120 million Department of Motor Vehicles (DMV) photos kept in databases around the nation. Be aware, though that the implications ... Read More »

US Supreme Court Requires Search Warrants for Blood Draws in Many DUI Cases

New Tennessee DUI Defense? Many persons charged in Tennessee with the crime of Drunk Driving (DUI/DWI) may have a new defense in their arsenal.  On April 17, 2013 the United States Supreme Court ruled that the natural metabolization of alcohol in the bloodstream does not present a per se [automatic] exigency that justifies an exception to the Fourth Amendment’s search warrant requirement for nonconsensual blood testing in all drunk-driving cases.  Instead, the court determined that exigency in this context must ... Read More »