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Tag Archives: Fourth Amendment

Criminal Practice – Search & Seizure – Warrantless Blood Draw – Impaired Driver – Second Degree Murder (access required)

State v. Brennick After a state trooper investigated a crash site and travelled to the hospital, two and a half hours had passed since the accident, and the trooper knew that, if he drove to get a warrant, by the time he got back to the hospital, defendant would likely be in surgery and unavailable for a blood draw; all the while, the alcohol in his blood would be dissipating.

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Civil Rights – Local Police Can’t Detain on Civil ICE Warrant (access required)

Santos v. Frederick County Board of Comm’r Local law enforcement officers can’t detain individuals solely based on known or suspected civil immigration violations, but that rule wasn’t clearly established law when defendant deputies arrested a Salvadoran dishwasher after questioning her outside her workplace, and the 4th Circuit says the deputies have immunity from her civil rights claim for violation of her Fourth Amendment rights.

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