Monday, November 21, 2011

Mandatory blood test law in the news

The new law mandating blood testing without or without consent for multiple offenders and driver's with children under 16 is getting some press.
Court decisions in Tennessee adopted the 4 part test of California v Schmember, a 1966 decision of the U.S. Supreme Court more than a decade ago. The 4 part Schmerber analysis is:
1) There is a clear indication (probable cause) that evidence of intoxication;
2) Exigent circumstances exist to forego the warrant requirement;
3) The test selected is reasonable and competent; and
4) The test is performed in a reasonable manner.
See State v Jordan 7 SW3d 92 1999 Tenn Crim App

Read and watch the coverage on Channell 9 in Chattanooga at: http://www.newschannel9.com/news/new-1006675-repeat-law.html

No comments:

Post a Comment