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VOL. 40 | NO. 45 | Friday, November 4, 2016
Tennessee Supreme Court OKs warrantless blood draw in wreck
NASHVILLE (AP) — The Tennessee Supreme Court has ruled that a blood sample obtained from a driver in a fatal wreck can be included as evidence even though police did not have a warrant.
The state's highest court in a 4-1 decision on Thursday said that the officer who drew blood after the 2011 crash in Knox County was acting on the basis of the state's interpretation that a U.S. Supreme Court ruling that blood could be drawn from drunken driving suspects without a warrant.
While that ruling was later overturned, the Tennessee justices said the officer was acting in good faith at the time, and that the test results can be presented at trial.
Justice Sharon G. Lee said in her dissent that the decision erodes protections against unreasonable searches and seizures.