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
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