What is the name of your state (only U.S. law)? California
I was riding in the back seat of a car that was pulled over for going 100mph. The driver had a warrant for failing to appear for his 3rd dui, and was justly arrested for that and his 4th.
The officers then asked the front seat passenger to get out and talk to them. A few minutes later, they told me to get out to talk to them. They frisked me for weapons and immediately asked me where the drug stash was (there was no drug stash). After asking me the same thing over and over again, they told me the front seat passenger "said you guys had been smoking." I honestly had no response and simply didn't respond. They put me in cuffs and consulted with each other about searching the car, did, and found nothing but a messy car. The front seat passenger was not arrested and drove the car home.
When we got to the CHP station, the officer told me that I had to submit to either a urine test or blood test. I opted for the urine test so I wouldn't have to get poked. They couldn't find the kit, and said it'd have to be a blood test. He brought me to a different room than the driver, interrogated me more (I admitted to having an addiction problem to a medicine prescribed to me, and that I sometimes took it more than directed). Then he returned me to the room the driver was in, cuffed me to the table, and while pointing to what looked like wrestling mats, told me that if I didn't submit, they'd hold me down. I told him that I didn't intend on fighting with them. He then told me that I was under arrest and read me my Miranda rights. I told him that I thought I understood them. The medic showed up, sat opposite me, and the officer presented me with a consent to draw my blood form. I asked him if he said that I had the right to an attorney. He affirmed. I said that I wanted one before I signed, and he said that right was irrelevant here and to sign it.
Can I have the blood test suppressed?What is the name of your state (only U.S. law)?
I was riding in the back seat of a car that was pulled over for going 100mph. The driver had a warrant for failing to appear for his 3rd dui, and was justly arrested for that and his 4th.
The officers then asked the front seat passenger to get out and talk to them. A few minutes later, they told me to get out to talk to them. They frisked me for weapons and immediately asked me where the drug stash was (there was no drug stash). After asking me the same thing over and over again, they told me the front seat passenger "said you guys had been smoking." I honestly had no response and simply didn't respond. They put me in cuffs and consulted with each other about searching the car, did, and found nothing but a messy car. The front seat passenger was not arrested and drove the car home.
When we got to the CHP station, the officer told me that I had to submit to either a urine test or blood test. I opted for the urine test so I wouldn't have to get poked. They couldn't find the kit, and said it'd have to be a blood test. He brought me to a different room than the driver, interrogated me more (I admitted to having an addiction problem to a medicine prescribed to me, and that I sometimes took it more than directed). Then he returned me to the room the driver was in, cuffed me to the table, and while pointing to what looked like wrestling mats, told me that if I didn't submit, they'd hold me down. I told him that I didn't intend on fighting with them. He then told me that I was under arrest and read me my Miranda rights. I told him that I thought I understood them. The medic showed up, sat opposite me, and the officer presented me with a consent to draw my blood form. I asked him if he said that I had the right to an attorney. He affirmed. I said that I wanted one before I signed, and he said that right was irrelevant here and to sign it.
Can I have the blood test suppressed?What is the name of your state (only U.S. law)?