In what circumstances have courts found that blood tests conducted by police officers without a warrant violated the Fourth Amendment?
California, United States of America
The following excerpt is from Ritschel v. City of Fountain Valley, 137 Cal.App.4th 107, 40 Cal.Rptr.3d 48 (Cal. App. 2006):
cases, because the sole justification advanced to excuse the officers from obtaining a warrant disappeared when the exigency ended, the blood tests were not only unnecessary and unreasonable, but violated the Fourth Amendment's warrant requirement." (Nelson v. City of Irvine, supra, 143 F.3d at p. 1205, fn. omitted.)
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