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Understanding Your Rights When Police Ask For a Blood Test

joliet police blood tests

Recently, we used this space to discuss the issue of search warrants and the threshold of evidence that constitutes probable cause. Furthermore, we addressed the matter as it related to an incident involving a nurse and the police that made national news when police attempted to obtain a blood sample without a warrant from an unconscious patient in a Utah hospital. Here, we wish to provide a little more detail as it pertains to your rights should you find yourself in a similar situation.

The problem in Utah began when an unconscious car crash victim was transported to the hospital. Another victim died as a result of the wreck, and police were conducting an investigation into the cause of the accident. Police believed they had “implied consent” to obtain a blood sample from the surviving victim.

Rulings on Blood Tests

The courts have ruled on the issue of obtaining blood samples for testing by law enforcement, and hospitals and other healthcare facilities have established firm guidelines for employees which protect a patient’s rights while adhering to the law. In the recent Utah case, the hospital required that one or more of the following criteria be met prior to drawing blood from a patient for law enforcement:

• The police must have an authorized search warrant stipulating a blood sample.
• The patient must be placed under arrest.
• The patient must give informed consent.

None of the three criteria were met, yet police persisted, and the nurse on duty was placed in handcuffs and temporarily detained by police despite following both hospital policy and the law. The nurse was subsequently released without being charged, and two police officers involved are serving suspensions.

In 2016, the U.S. Supreme Court ruled that :

• Laws requiring blood tests violated the 4th Amendment’s protection against unreasonable searches.
• Blood tests were “significantly more intrusive,” than, in the case of a DUI investigation, a breath test.
• A blood sample contains more information about an individual than just their blood alcohol content, and this information goes beyond the scope of the investigation underway.
• A person must provide consent to have blood drawn as part of a police investigation.

Retain the Services of an Experienced Illinois Criminal Defense Attorney

The best defense against criminal charges begins when you contact a criminal defense attorney committed to protecting your rights and freedom. Work with a knowledgeable Joliet defense lawyer to better understand the charges you may be facing, as well as all your available options. The Law Office of Jack L. Zaremba will conduct a meticulous review of your case and build a defense strategy designed to produce the best possible result.

Think Twice Before Ordering a Fake ID

joliet fake id lawyer

A quick Google search for the phrase “fake ID” brings up more than 23 million results. Nearly all of the top results are websites purporting to offer false identification cards “that work” and “fool even experts.” Of course, fake IDs have been around for as long as the government has issued identification cards, but the digital explosion of the last two decades has made obtaining one easier than ever before. With just a few clicks, you can get a “reliable fake ID that help [sic] you hang out with friends and buy anything you want.” The idea of “knowing a guy” who can get fake IDs is a thing of the past, but there are many risks associated with false identification cards that you should know about before you buy one.

Bouncers and Bar Staff Know What to Look For

A vast majority of fake IDs are designed to look like government-issued driver’s licenses, and government officials are aware of that fact. That is why states are continually redesigning their licenses and adding new security features with each release. According to Secretary of State Jesse White , state-issued driver’s licenses in Illinois currently utilize more than a dozen different features intended to thwart counterfeiting and the production of fake IDs.

Most people who buy and use fake IDs are teens under the legal drinking age who want to get into bars and buy alcohol. Those who work in establishments that sell alcohol, however, typically undergo extensive training on how to recognize a valid ID. They also have a strong incentive to do so, as stores, bars, or restaurants that sell alcohol to an underage person risk hefty fines and other penalties. While your fake ID may look real enough to you, there is a strong possibility that you will be caught.

Harsh Consequences

If you are caught using a fake ID, the establishment in question has a couple of options. They could simply deny you alcohol and ask you to leave, either keeping your ID or returning to you. Or, they could keep your ID and report the incident to the police. Once the police are involved, the matter becomes serious.

A person convicted of possession or using a fake ID in Illinois will automatically have his or her driving privileges suspended for one year. He or she could also face up to one to three years in prison, a fine of $500, or 50 hours of community service.

Beware of Scammers and Phishers

The other big concern for those looking to obtain fake IDs is the reliability of the companies and individuals who offer them over the internet. These entities are offering items that they know are illegal and are intended to help their customers break the law. What makes you think they will be responsible with your personal information? Credit cards, phone numbers, mailing addresses, and other data can be used to perpetrate identity theft, and buying a fake ID could mean that you are simply handing that information to individuals who have already proven to be unscrupulous.

Facing Criminal Charges?

If you or your child has been arrested and charged in connection with possessing or using a fake ID, contact an experienced Joliet criminal defense attorney . Whether the case is being handled in juvenile court or not, Attorney Jack L. Zaremba can provide the guidance you need. Call 815-740-4025 for a free consultation today.

Opioid Spray Used in Fighting Overdose Deaths

joliet opioid lawyer

According to records kept by the Federal government, the number of deaths due to drug overdoses and overdoses caused by heroin continue to increase across the country. Emergency medical professionals and law enforcement officials on the front lines are always seeking resources in an effort to combat this epidemic.

Opioid Nasal Spray

In 2014, the Federal Food and Drug Administration approved a Naloxone auto-injector , which was previously only available in ambulances and at hospitals, for use in homes and by trained law enforcement personnel as a means of preventing heroin overdose deaths. Recently, an increased number of agencies have begun a call for more widespread use of a nasal spray application of the life-saving treatment.

Narcan Nasal Spray counteracts the effects of a suspected or known opioid overdose, which becomes apparent by symptoms that include respiratory distress. The nasal spray administers a potentially life-saving dose of Naloxone HCl to counteract the effects of the drugs in a person’s system. Following administration of the spray, immediate emergency medical treatment is recommended.

Police Adding Spray to Their Arsenal

In the case of a drug overdose, law enforcement officers are usually the first to arrive on the scene. Because every second counts in such a scenario, government officials and leaders have increased the call for more police officers to carry the potentially life-saving nasal spray application. A few examples include:

• Earlier this month, Chicago Aldermen introduced a new ordinance that, if passed, would call for all Chicago police officers to be equipped with the nasal spray in a response to the growing opioid epidemic in the city.
• In Minneapolis , the city’s firefighters have carried Naloxone for more than a year. The city’s police chief recently announced that police would soon be carrying the life-saving tool.
• In Hamilton County, Ohio, officials announced a program that would result in the sharing of 30,000 doses of Naloxone, donated by the manufacturer, with hospitals, jails, faith-based groups, and other community-based health care programs to combat the growing heroin overdose numbers in the area.

Retain the Counsel of an Experienced Will County Criminal Defense Attorney

The consequences for an individual facing drug charges can have a lasting effect on their life. Facing those charges alone or without an experienced attorney will put you at a disadvantage when responding to prosecution. The guidance and advice of a knowledgeable Joliet drug crimes defense attorney will ensure your rights are protected and the law is applied fairly in your case. The Law Office of Jack L. Zaremba provides an aggressive defense on your behalf to help you fight to keep your freedom.

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