Officer Allegedly Performs Illegal Test on DUI Suspect

Case Overview

This case involves a blood test done on an individual suspected to be driving under the influence of alcohol. Following a refusal to consent to a blood draw, the defendant was held by officers while multiple punctures were made to draw a blood sample from the defendant, causing considerable pain. The arresting officer claimed that the procedure utilized on the defendant by the police department personnel and the phlebotomy technician was not done pursuant to any standardized instruction or published standard operating procedure for chemical analysis, but was an improvised method that the officers had developed on their own. This case took place in the state of Kentucky.

Questions to the Law Enforcement expert and their responses

What is the proper procedure under which to perform a forced blood test?

The blood draw must be done in a medically approved manner with no undue pain. There needs to be a sufficient reason for the forced blood draw since this is a misdemeanor case. It sounds like the force may have been unreasonable and excessive. A search warrant was needed due to a very recent Supreme Court ruling.

About the expert

This highly qualified expert has 30 years of experience in law enforcement, specifically for the Los Angeles County Sheriff's Department, with 20 of those years in supervisory positions. He received an Associate's degree in Administration of Justice from the College of the Canyons as well as earned the designation of Certified Litigation Specialist from the Americans for Effective Law Enforcement. He also has the following California POST-Commission certifications: Basic, Intermediate, Advanced, and Supervisory Peace Officer Certificates. His law enforcement experience included over 100 inmate disturbances/riots. His expertise includes general patrol tactics and police practices, use of force, and officer-involved shootings. He currently works as an Independent Consultant on police procedures.

E-001246

Specialties:

Law Enforcement