Legal Opinion
People v. Fish
California Court of Appeal, 5th District
Decided November 27, 2018No. 2d Crim. No. B290108PublishedCited by 1 opinion
1Opinion of the CourtYegan, Acting P. J.
*464When blood is drawn from a person arrested for driving under the influence, the Fourth Amendment requires that it be drawn in a "reasonable manner." ( *297Schmerber v. California (1966) 384 U.S. 757, 771-772, 86 S.Ct. 1826, 16 L.Ed.2d 908 ; see also People v. Mateljan (2005) 129 Cal.App.4th 367, 376, 28 Cal.Rptr.3d 506.) Here, the question is who has the burden of proof on the "reasonable manner" issue when a valid search warrant authorizes the blood draw. This is an issue of first impression in California. We hold that, where the circumstances of the blood draw are typical and routine, i.e., not…
2Cases cited28 opinions
- United States v. LeonSupreme Court of the United States · 1984
- Franks v. DelawareSupreme Court of the United States · 1978
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- United States v. VentrescaSupreme Court of the United States · 1965
- People v. Lance W.California Supreme Court · 1985
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3Cited by1 opinion
- People v. Sydnor CA3California Court of Appeal · 2021