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):
Nonetheless, the court upheld the blood withdrawal on an exigent circumstances theory because of the rapid elimination of alcohol from a person's blood. "The officer in the present case, however, might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened `the destruction of evidence,' [citation].... Given these special facts, we conclude that the attempt to secure evidence of blood-alcohol content in this case was an appropriate incident to petitioner's arrest." (Schmerber v. California, supra, 384 U.S. at pp. 770-771, 86 S.Ct. 1826.)
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