QUESTION
Can a blood test be forced, being on informal probation?
Asked on Feb 09th, 2014 on Criminal Law - California
More details to this question:
I fit the description of a call, I was walking down the street, the officers shined their lights on me asked me one question, I said no and was taken to the ground, then taken to the hospital, and released to the hospitals care. At the hospital, blood was taken even though I refused the test. Now I have 11550 and resisting arrest charges. This just doesn't seem right, in any sense, and it happened about a month before I got of probation. I like my rights and don't want to lose them again. Please help.
5 ANSWERS
Michael J. Breczinski
I would need to know more details of the situation before I could answer this question.
Answered on Feb 14th, 2014 at 1:50 PM
When on probation you have a search requirement. This requires you to submit to questing by law enforcement or probation at any time without a reason. A drug offender on probation does not have the right to refuse a drug test. By agreeing to probation you gave up you right to be free from unreasonable searches. Everything the law enforcement officers did was legal.
Answered on Feb 13th, 2014 at 4:52 PM
3 Awards
that sounds like BS - if you cannot afford to hire an attorney, ask for a public defender when you go to court.
Answered on Feb 13th, 2014 at 5:35 AM
Arguably no, but you'll need a lawyer to make a McNeely motion in court.
Answered on Feb 13th, 2014 at 5:32 AM
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Answered on Feb 13th, 2014 at 5:31 AM