Are hospitals compelled to provide blood test results to police if no arrest was made at the time of an accident?
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Are hospitals compelled to provide blood test results to police if no arrest was made at the time of an accident?
I was involved in a single vehicle accident. I was transported to hospital with injuries. I was not arrested for anything at the scene. Can a subsequent blood test at the hospital be given to police after the fact?
Asked on July 20, 2012 under Criminal Law, Arizona
Answers:
Anne Brady / Law Office of Anne Brady
Answered 12 years ago | Contributor
Generally, courts will suppress blood sample evidence obtained without a warrant as a constitutional violation under the Fourt Amendment. Â However, Arizona does have a statute allowing for warrantless blood sample evidence, ARS section 28-1388(E). Â It allows police to get blood samples taken by hospitals after accidents if the police have probable cause to suspect that the individual involved was DUI. Â That means they have to have some pretty good other evidence, not just reasonable suspicion. Â This exception does not apply if the individual received medical care at the hospital against their will, only if it was voluntary. Â See State v. Estrada, 209 Ariz. 287 (App. 2004).
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