bloody good blog
In the 2013 case Missouri v. McNeely, the U.S. Supreme Court held an involuntary blood draw is a "search" under the Fourth Amendment. Therefore, a search warrant is generally required, subject to certain exceptions. The court further held that in a routine DUI case such as this, there is no general emergency exception to a search warrant.
The argument for an emergency exception made is that a suspect's blood alcohol content naturally dissipates, therefore time is of the essence and a warrant cannot be reasonably obtained without unduly undermining police investigation.
The Court reasoned that technology now allows a warrant to be obtained extremely quickly via telephone or email, and that magistrates are typically available 24 hours a day to provide such warrants. Any emergency exception to the general warrant requirement are always to be decided on a case-by-case basis, but the facts of this case do not constitute an emergency.
You can find the Supreme Court opinion here: http://www.supremecourt.gov/opinions/12pdf/11-1425_cb8e.pdf.
Here at Vampire Law, we're experts in the law of every nation on earth. Some of our favorite legal systems are traditional Native American legal systems. Under these laws, it was common to allow for the practice of "blood revenge" or "blood law," also known as lex talionis ("law of retaliation" in Latin) — when someone is killed, their clan has the legal right and a moral duty to enact revenge by taking the life of the killer. The clan of the killer was supposed to either produce a life in exchange or not interfere with the revenge killing. You can read more about it here: http://www.encyclopedia.com/doc/1G2-2536600092.html.
Whether you're subject to an impending revenge killing as a result of Blood Law, or you have a traffic misdemeanor pending in front of a criminal court, Vampire Law can provide the expertise you need.
Although we'd never refuse a blood transfusion under any circumstances, some religions forbid followers from accepting certain modern medical procedures. A New York court ruled in 2011 it's not malpractice for a doctor to provide a life-saving blood transfusion to a Jehovah's Witnesses despite the patient having previously signed a health-care proxy directing she not receive a transfusion of another's blood. As you might have guessed, we agree with the judge on this one.
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