SAN FRANCISCO (AP) — A California appeals court says authorities don’t need a warrant to draw blood from parolees who don’t consent to a blood test.
The 1st District Court of Appeal made the determination Wednesday in a ruling over a DUI case in Solano County. According to the court, defendant Bobby Lynn Jones was under post-release community supervision when he got into a DUI crash in Fairfield.
Police had his blood drawn against his will and without a warrant and determined he had a blood alcohol count of .25 percent. The legal limit is .08.
The appeals court said blood draws were included in the warrantless searches Jones was subject to under the terms of his supervision.
His attorney, Gordon Brownell, said taking blood is different from reaching into someone’s pockets or car and should be subject to a higher standard.