Posted: 5/7/2014 6:47:39 AM EDT
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Can someone be detained, booked in jail, and be forced to have blood drawn due to officers suspicion?
This happened to a coworkers child recently. |
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We don't arrest people for "suspicion". Probable cause is what is needed. Some states will force an arrested to submit to a blood draw for a DUI, but it requires a search warrant signed by a judge. We do buccal swabs for DNA for felony arrests, but that is handled by the jail now. Just a guess, but your coworker's adult child got caught doing something he shouldn't have and being a momma's boy left out a few steps of the process. Now mom will hire him an attorney and cash out her 401K because she doesn't believe little Johnny could ever do anything wrong. |
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She is probably 21-22.
Operating a vehicle. Not drinking, not under the influence of drugs. No alcohol or illegal substances in the car. GA State Patrol: She passed field sobriety test. They searched vehicle with dogs. Found nothing. Took her to hospital for blood test. Took her to jail. She was not charged with anything. They had her car towed. |
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You don't go to jail without being charged with something. There is more to the story. It could have been a crash with her acting "weird" or maybe a passenger bailed from the car, but she certainly isn't telling the whole truth. Here in Ohio we have multiple DUI / OVI codes. One is our observations and the rest involve chemical testing. Except for the breath test, the sample has to processed by a lab so the charge would be pending the results, but she cold still be arrested on the observation and the blood DUI charge (which would be amended to the appropriate level once the results were known). There should be a clerk of courts site for your county. You can search their site for her by name and see what she was charged with, but probably not the original documents. |
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There hasn't been anything posted online or in the police reports.
The stop was based on a tag light out. No wreck, not speeding, no one fled the scene. Apparently they were suspicious due to her shaking being nervous. She is small, and very very shy. Not the trouble making kind. |
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She is probably 21-22. Operating a vehicle. Not drinking, not under the influence of drugs. No alcohol or illegal substances in the car. GA State Patrol: She passed field sobriety test. They searched vehicle with dogs. Found nothing. Took her to hospital for blood test. Took her to jail. She was not charged with anything. They had her car towed. They had reason to suspect that she was impaired. Depending on the state, they may be waiting on the results of the blood test. Does she take prescription meds? If so, then she may well have been driving under the influence of drugs...legal drugs. You can't take certain meds and then drive a vehicle. Just the same as drinking and driving...but usually worse. Sounds like they had probable cause to believe that she was under the influence of something. If she was taken to the hospital and the jail, then she didn't pass the field sobriety tests. We don't stop drivers, administer passing SFSTs and then suddenly decide to take them to jail. You aren't being told the whole story. DRE here. I've arrested lots of drug impaired drivers. |
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Doesn't make sense to me either. All I know is she was sober, no illegal substances found during a questionable search, and taken to jail.
I'll update if any more comes into the story. This was meant to be a question for LE, I am not here to bash or anything like that. |
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Blood draw of a person in custody requires a court order or in the case of an unconscious driver implied consent
edit: read further. Blood draw for repeat DWI would happen before they were remanded here. I know other states allow someone to sit in jail for days before seeing a judge at all. It doesn't work that way here Internet connection keeps dropping out on me so we'll see how much of this made it through.... Quoted:
They had reason to suspect that she was impaired. Depending on the state, they may be waiting on the results of the blood test. Does she take prescription meds? If so, then she may well have been driving under the influence of drugs...legal drugs. You can't take certain meds and then drive a vehicle. Just the same as drinking and driving...but usually worse. Sounds like they had probable cause to believe that she was under the influence of something. If she was taken to the hospital and the jail, then she didn't pass the field sobriety tests. This sums it up nicely. Just because you're prescribed a particular pain killer doesn't mean you can drive while under its influence, for instance... |
| Either consent given or warrant obtained for forced draw. Consent could be verbal. Warrant would be obtained in cases of an accident involving suspected alcohol or drug use, resulting in serious bodily injury. I'm not in GA, and I don't know what their laws are like. |
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No need to get all defensive. I'm going off what I have been told and so far that has proven to be true. I don't think he's being defensive. You stated "All I know is she was sober, no illegal substances found during a questionable search, and taken to jail." Asking how you know that is a valid question because it sounded like it was just what you were told, which you then confirmed. I would not say that is something you know, it is something you believe to be true. It is an important distinction. What has been repeated here is that she wouldn't be remanded at the jail without there being a charge. The reason for that is we cannot hold someone at the jail without there being a charge. It is possible that she saw a judge the next morning and was released and charges were dropped for whatever reason, but at some point she would have had to be charged with a criminal offense to be held at the jail. Is there any chance she was at the PD's headquarters in a holding cell rather than in the actual jail? That would not necessarily require charges filed, though it is a rare occurrence without charges. You also mentioned that she passed sobriety tests, was that information from her? People can think they passed the tests but in their intoxicated state they simply don't realize that they failed them. Simply put, the odds that she is withholding information about her arrest from her mother, which she can do since she is an adult, is much higher than the odds that she was arrested without charges. Hopefully you'll get more information about the situation to update the thread soon. |
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Quoted: No need to get all defensive. I'm going off what I have been told and so far that has proven to be true. We are trying to inform you to take everything you are being told with a grain of salt. The simple truth of policing is, everyone lies, suspects, victims, witnesses, and even cops. The amount of the liars are in descending order according to my experience as a 17 year veteran. |
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Maybe my comments came across too literally. I should have said all I know is what I have been told and I have yet to hear anything to contradict that.
Maybe the other side of the story will be different as something doesn't seem right. We will see though. Thanks for the quick replies. |
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She is probably 21-22. Operating a vehicle. Not drinking, not under the influence of drugs. No alcohol or illegal substances in the car. GA State Patrol: She passed field sobriety test. They searched vehicle with dogs. Found nothing. Took her to hospital for blood test. Took her to jail. She was not charged with anything. They had her car towed. 1. Field sobriety is not a pass or fail test. Its a test to observe signs of impairment. 2. Its rare they are going to get a warrant from a judge/take blood unless she's refusing urine (and they suspect drugs) and they are fairly certain she's under the influence. 3. You cannot book anyone into jail without an affidavit/ without charging them with a crime. 4. As for vehicle search she probably took a pill or something with a friend/ didn't have anything on her. If its momma's little girl more likely then not it was a pill or MJ. Sounds like she told her version of the story painting herself as momma's little angel and now mom is upset believing her daughter would never drive impaired or tell a lie. Happens all the time. Jails/prisons are filled with 'innocent' people. Not many people willing to fess up to what they did to friends/family. (Even if they are willing to confess to police). |
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She is probably 21-22. Operating a vehicle. Not drinking, not under the influence of drugs. No alcohol or illegal substances in the car. GA State Patrol: She passed field sobriety test. They searched vehicle with dogs. Found nothing. Took her to hospital for blood test. Took her to jail. She was not charged with anything. They had her car towed. Nonsense. A) Need a warrant for the blood at the hospital. You're going to need charges for that. B) Once in jail, she could have been released later after charges are rescinded, but; C) She had to have been charged with something (see B). There's way more to the story. I'm guessing drug recognition expert saw something that indicated she was under the influence of something, thus the blood draw. |
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Quoted: She is probably 21-22. Operating a vehicle. Not drinking, not under the influence of drugs. No alcohol or illegal substances in the car. GA State Patrol: She passed field sobriety test. They searched vehicle with dogs. Found nothing. Took her to hospital for blood test. Took her to jail. She was not charged with anything. They had her car towed.  |
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Does not make sense. Quoted:
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She is probably 21-22. Operating a vehicle. Not drinking, not under the influence of drugs. No alcohol or illegal substances in the car. GA State Patrol: She passed field sobriety test. They searched vehicle with dogs. Found nothing. Took her to hospital for blood test. Took her to jail. She was not charged with anything. They had her car towed. I know. They are playing the waiting game now.... I have never been to jail so I don't know the details but she was there for 8 hours and was bailed out. Still no charges as of Friday. |
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I know. They are playing the waiting game now.... I have never been to jail so I don't know the details but she was there for 8 hours and was bailed out. Still no charges as of Friday. Quoted:
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She is probably 21-22. Operating a vehicle. Not drinking, not under the influence of drugs. No alcohol or illegal substances in the car. GA State Patrol: She passed field sobriety test. They searched vehicle with dogs. Found nothing. Took her to hospital for blood test. Took her to jail. She was not charged with anything. They had her car towed. I know. They are playing the waiting game now.... I have never been to jail so I don't know the details but she was there for 8 hours and was bailed out. Still no charges as of Friday. If she bailed out of jail, then she was charged with something. If she was booked and released, then she may not have been officially charged yet. Some places want the lab results on the blood draw before filing charges. DWI/DUI laws vary a lot from state to state and even from jurisdiction to jurisdiction. DWI/DUI defense is HUGE money for defense attorneys so there are a lot of legal arguments out there for DWI/DUI defense. It can be a lot harder to make a DWI/DUI case sometimes than it is to make a murder case. So, I can only talk about my areas' requirements to make a DWI/DUI case along with every other officer who has posted on here. It will vary from location to location and some places will vary a LOT. |
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I think I have my answer to my original question. I will update if I find out anything. Sounds like there may be missing info on both sides of the story. Thanks yall. No kidding. You asked for LEO expertise on this board and you've heard from every single one responding that the story doesn't wash. In all fairness as well, there might be a little more missing info on the side of the girl who went to jail for no reason, without being charged, and then bonded somehow without charges...than the police. You simply cannot jail someone without charges. The bond paperwork will have all of the information your friend needs on it as well. Unless it was a felony case filing with no summons issued on-scene, there should be a summons somewhere as well. Come back with more info. |
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There's the attitude we all know and love from out LE.  Quoted:
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Your coworker's daughter was drunk, got arrested for DUI, and is now lying to her parents. There's the attitude we all know and love from out LE. Well, you came in here with half of a story (not knowing how much of even that was right) and were informed that the story you were told doesn't hold water. Instead of being upset with the person that lied/artfully told you a tale you get butthurt when someone guesses at the most likely truth? Like the guys above me said the story you have from her is not correct, I'd start there first. Posted Via AR15.Com Mobile |
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Quoted: There's the attitude we all know and love from out LE. Quoted: Quoted: Your coworker's daughter was drunk, got arrested for DUI, and is now lying to her parents. There's the attitude we all know and love from out LE. Perhaps you shouldn't ask questions to which you don't want honest answers.
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There's the attitude we all know and love from out LE. Quoted:
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Your coworker's daughter was drunk, got arrested for DUI, and is now lying to her parents. There's the attitude we all know and love from out LE. A jail will not hold someone for eight hours without charges. There was even a bond, so there were charges. She likely either gave consent for the search or it was a vehicle inventory prior to towing. Or the dog indicated on the car. Can't see there being any issues with it. If she says she was never charged with anything, what else is she lying about? |
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Well, you came in here with half of a story (not knowing how much of even that was right) and were informed that the story you were told doesn't hold water. Instead of being upset with the person that lied/artfully told you a tale you get butthurt when someone guesses at the most likely truth? Like the guys above me said the story you have from her is not correct, I'd start there first. Posted Via AR15.Com Mobile Quoted:
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Your coworker's daughter was drunk, got arrested for DUI, and is now lying to her parents. There's the attitude we all know and love from out LE. Well, you came in here with half of a story (not knowing how much of even that was right) and were informed that the story you were told doesn't hold water. Instead of being upset with the person that lied/artfully told you a tale you get butthurt when someone guesses at the most likely truth? Like the guys above me said the story you have from her is not correct, I'd start there first. Posted Via AR15.Com Mobile This. Don't ask for help and then get unhappy with the help offered. |
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I got the replies I needed and thanked those that helped. If I wanted a smart ass incorrect answer I would have asked in GD. Thanks. I don't know what the hell you were expecting, do you WANT us to lie to you? Would it make you feel better if we made up something out of whole cloth? You were lied to and not by us. Some kid fed you 10 pounds of bullshit in a 5 pound bag and you don't have the sense to see that? How exactly, do you want us to phrase it so as to not hurt your tender vagina? |
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I got the replies I needed and thanked those that helped. If I wanted a smart ass incorrect answer I would have asked in GD. Thanks. And now we know why cops get an attitude with certain people. Most people can't handle truth. It hurts to find out that people are really pretty shitty. |
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I got the replies I needed and thanked those that helped. If I wanted a smart ass incorrect answer I would have asked in GD. Thanks. Quoted:
I got the replies I needed and thanked those that helped. If I wanted a smart ass incorrect answer I would have asked in GD. Thanks. For what it is worth I don't think he was being a smart ass. Quoted:
Your coworker's daughter was drunk, got arrested for DUI, and is now lying to her parents. While it wasn't delivered tactfully, it is still the most likely scenario. Cops get tired of sugar coating things after a while on the job. Just because it was direct doesn't make it smart ass. It is a common occurrence for people to lie to their family and/or friends after an incident. People tend to believe those they know so they don't believe the cops. It gets old and is likely the reason you are getting short direct answers. I'm interested to hear what you ultimately find out. |
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For what it is worth I don't think he was being a smart ass. While it wasn't delivered tactfully, it is still the most likely scenario. Cops get tired of sugar coating things after a while on the job. Just because it was direct doesn't make it smart ass. It is a common occurrence for people to lie to their family and/or friends after an incident. People tend to believe those they know so they don't believe the cops. It gets old and is likely the reason you are getting short direct answers. I'm interested to hear what you ultimately find out. Quoted:
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I got the replies I needed and thanked those that helped. If I wanted a smart ass incorrect answer I would have asked in GD. Thanks. For what it is worth I don't think he was being a smart ass. Quoted:
Your coworker's daughter was drunk, got arrested for DUI, and is now lying to her parents. While it wasn't delivered tactfully, it is still the most likely scenario. Cops get tired of sugar coating things after a while on the job. Just because it was direct doesn't make it smart ass. It is a common occurrence for people to lie to their family and/or friends after an incident. People tend to believe those they know so they don't believe the cops. It gets old and is likely the reason you are getting short direct answers. I'm interested to hear what you ultimately find out. I don't doubt that info is missing somewhere. I'm not trying to pass off anything as a fact. I mainly had a question based on info I was given. The quote above came across as arrogant (sorry if I am wrong) and was stated as if he knew more than anyone else about the situation. I will update as the story unfolds. Thank you for the helpful replies. |
| Sorry, wasn't trying to be arrogant. I tend to be bluntly honest and, quite frankly, what I posted is the most logical and likely explanation. If I had a dollar for every time someone lied to their parents about what really happened to them, I'd have a shitload of dollars. |
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My bad. I understand and 95% of the time I would agree with you. However, that just doesn't fit the person in this particular case. Not saying its impossible, but it doesn't sound like thats what happened from their side of the story. A couple things, 1. You probably don't know them as well as you think you do. Not being a smart ass, that is just my experience of over 20 years of writing/reading reports and listening to the stories mommy and daddy (or wives and husbands) get told when some one makes a mistake. 2. It has all ready been pointed out you were given false information (namely if there was a bond set for bail purposes then there was in fact a charge.). Does lying fit the person in this particular case? If not you might want to prepare yourself for some more disappointment. 3. Are you getting the info from mommy's little angel or from mommy? If it is the former the above apply. IF you are getting from mommy, the above applies and you get the added filter of mommy's belief in her little angel. Bottom line, MOST parents are squarely in the my baby didn' do nuthin' camp. I have had parents tell me their precious little angel would never do drugs or drink or fight or anything else. Despite enough evidence in the form of partial bottles of booze or baggies of dope in their car, tests, photos, video and multiple witness statements. |