Can blood taken from a person unknowingly be admissible in court?

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Can blood taken from a person unknowingly be admissible in court?

I got beat up pretty bad (3 metal plates, smashed cheek, and broken jaw) at a bar a while back. The guy took off but the found him the next day. The D.A.. took the case and the guy is claiming self-defense even though there was never a mark on him. He refused to give up his bloody (my blood) clothes to the detective. He has hired a pretty good lawer and definitely has something up his sleeve. My worry is this – I did a line of coke about 2 hours before I got beat up. His girlfriend is a nurse and I’m worried that he took my blood samples from the shirt and came up with traces of coke. Would it be admissible in court?

Asked on March 27, 2012 under Criminal Law, California

Answers:

Richard Southard / Law Office of Richard Southard

Answered 9 years ago | Contributor

It would be admissible in court but it doesn't establish a self-defense claim.  Your lawyer should be searching for other witnesses and surveillance tapes, 911 calls that corroborate your version of events.  The coke should be a non-issue and might show up in your hospital records anyway

 

Hong Shen / Roberts Law Group

Answered 9 years ago | Contributor

Please remember the 4th Amendment is a constitutional protection against the government, i.e., the police. Unless his girlfriend was acting under the instruction of the police, the search was a private search and the evidence will be admissible in court.


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