People v. Pickard
Sup.Ct.App.Div.; CA269335 The Appellate Division of the San Diego County Superior Court affirmed a judgment. The court held that testing an arrestee’s…
September 08, 2017 at 05:41 PM
3 minute read
Sup.Ct.App.Div.;
CA269335
The Appellate Division of the San Diego County Superior Court affirmed a judgment. The court held that testing an arrestee's blood for drugs, after advising her that it would be tested for alcohol only, violated the arrestee's Fourth Amendment rights and warranted suppression of the drug test results.
Aubree Pickard was arrested for driving under the influence. The arresting officer advised her that she would need to submit to either a breath test or a blood test. If she agreed to a blood test, two vials of blood would be drawn. One would go to the crime lab to be tested for alcohol, and the other would be held for Pickard. Pickard agreed to the blood test. Two vials were drawn. The first was tested for alcohol. The second was sent to a lab to be tested for drugs. Both samples tested positive. Based on those results, Pickard was charged with driving under the combined influence of alcohol and drugs.
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