People v. Ling
Sup.Ct.App.Div.; AD-5574 The Appellate Division of the San Mateo County Superior Court reversed a judgment. The court held that an arrestee’s silence…
September 07, 2017 at 06:06 PM
3 minute read
Sup.Ct.App.Div.;
AD-5574
The Appellate Division of the San Mateo County Superior Court reversed a judgment. The court held that an arrestee's silence could not be construed as a voluntary consent to a warrantless blood draw.
California Highway Patrol (CHP) Officer Jeremy Watson stopped, and subsequently arrested, driver Samuel Ling for driving under the influence (DUI). At the scene, Watson told Ling, “Because you're under arrest for DUI, you have to submit to a chemical test, which is a test of either your breath or your blood.” Watson did not advise Ling of the consequences of failing to submit to a chemical test. Ling did not respond. Watson transported Ling to the local CHP station, where only a blood test was available. A blood sample was drawn, without protest from Ling.
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