Q: Why is implied consent waived if the police get a search warrant to draw blood?
The department of forensic science has refused to follow the Court's order to send my 2nd blood vile to an independent lab claiming that because the blood was not drawn pursuant to implied consent, they dont have to. Consent was given at the hospital for the blood draw but the officer went and obtained a search warrant anyway. Now, i cant get the independent analysis done. Let me clarify..the Court has already entered an Order directing the DFS to send the 2nd vile to the desired independent lab. DFS responsed by sending a letter to the clerk's office stating they were not going to send the 2nd vile out, rather that they were sending it back to the police/sheriff's office. Clearly they are disregarding the court order. The police have not failed to do anything. DFS is the one failing to follow the court Order, so, why cant we seek a dismissal on the basis that the Commonwealth has, by willfully disregarding an order, deprived me of potentially exculpatory evidence.
A: Your lawyer needs to file the appropriate paperwork with the court. Then the court orders DFS to transfer the second vial to the named lab.
A: If police refuse to follow a court order, they can be held in contempt.
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