Legal Question in Civil Rights Law in California

If a police officer stops someone riding there bicycle down the street & thinks they

are under the influence of meth amphetamines and they refused to take a drug test and are not on probation is that officer allowed to

to take that person to a hospital & hold them down & take there blood with out there consent


Asked on 3/28/13, 8:48 pm

2 Answers from Attorneys

Armen Tashjian Law Offices of Armen M. Tashjian

I don't think so. It looks like there may be a case for civil right violation.

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Answered on 3/29/13, 10:28 am
Terry A. Nelson Nelson & Lawless

They probably did, right, or you wouldn't be asking the question?

Your remedy is to bring an Evidence Suppression Motion or a Search and Seizure Motion in court.

When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? While this isn't a 'capital case', it certainly carries potential �time�, so handle it right. No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.

If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me. I�ll be happy to help fight and get the best outcome possible, using whatever defenses and sympathies there may be.

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Answered on 3/29/13, 1:31 pm


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