Reference no: EM134007628

Question

Read the following grounds for a motion to suppress BAC test in Georgia. Then, discuss the 3 grounds upon which a court could DENY a motion to suppress regarding breath or blood alcohol tests.

1. The degree to which evidence is accurately documented, maintained, and preserved determines its integrity and reliability. This is known as the chain of custody. The validity of the test results might be called into question if it turns out that the chain of custody for Locus' blood sample was improperly maintained and documented. This could serve as justification for a motion to suppress.

2. The Fourth Amendment of the US Constitution protects individuals from unreasonable government searches and seizures. This also applies to the collection of biological fluids, such as blood. To be considered reasonable, a search or seizure must either have a warrant, be supported by probable cause, or be exempt from the need for a warrant. In this instance, it doesn't appear that the police had a warrant or a probable cause to draw Locus' blood. Furthermore, it appears that there were no exceptions to the warrant requirement. Therefore, it could be argued that the police violated Locus' Fourth Amendment rights by taking his blood without a warrant.

3. In Georgia, to be used as evidence in a criminal prosecution, blood must be drawn with the subject's consent, unless otherwise specified in O.C.G.A. § 40-5-55, Georgia's implied consent statute. This suggests that consent must be given voluntarily and freely, without coercion or pressure from the police. It's unclear from the circumstances whether Locus consented to having his blood drawn and used as evidence. The results of the blood test could be suppressed if it could be argued that consent wasn't given voluntarily and freely.