Legal Opinion
State v. Patrick McLeod Nissley
Arizona Supreme Court
Decided February 1, 2017No. CR-15-0393-PRPublishedCited by 7 opinions
1Opinion of the Court
JUSTICE TIMMER,
opinion of the Court:
¶ 1 A law enforcement officer must ordinarily obtain a search warrant to take an involuntary blood sample from a suspect. Arizona’s medical blood draw exception to the warrant requirement, however, requires medical personnel to provide upon request a portion of any blood sample taken from a patient when the officer has probable cause to believe that the patient had been driving under the influence of alcohol or other drugs. A.R.S. § 28-1388(E). This exception applies only when the sample is drawn for medical reasons and exigent circumstances exist. See…
2Cases cited18 opinions
- Skinner v. Railway Labor Executives' Assn.Supreme Court of the United States · 1989
- Washington v. HarperSupreme Court of the United States · 1990
- Missouri v. McNeelySupreme Court of the United States · 2013
- Cruzan Ex Rel. Cruzan v. Director, Missouri Department of HealthSupreme Court of the United States · 1990
- Jerry W. Canterbury v. William Thornton Spence and the Washington Hospital Center, a Body CorporateCourt of Appeals for the D.C. Circuit · 1972
13 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. Don Jacob HavatoneArizona Supreme Court · 2017
- State v. PeltzCourt of Appeals of Arizona · 2017
- Diaz v. Van WieCourt of Appeals of Arizona · 2018
- State v. AxtonCourt of Appeals of Arizona · 2020
- State v. Don Jacob HavatoneArizona Supreme Court · 2017
2 more not listed; retrieve them via the Exa API.