Can a hospital forcibly take your urine with a catheter

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I was arrested for probable cause dui and was taken to hospital and they forced a decathter in me

Attorney Answers

4
Christopher Dillingham ·
Yes, depending on the circumstances. Please hire an attorney ASAP.
0 upvotes
Alan Brinkmeier ·
Yes with probable cause Hire an attorney for your defense
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Jonathan Blecher ·
The United States Supreme Court decided Missouri v. McNeely, No. 11-1425 last year and held that police cannot force a blood draw without a warrant in a routine DUI case. The court’s opinion, authored by Justice Sotomayer, held that the normal dissipation of alcohol in the bloodstream does not create an exigent circumstance that would allow for a police officer to forcefully take a person’s blood without a warrant. In its majority opinion, the Court discussed Schmerber v. California, 384 U. S. 757 (1966), where the Court upheld a warrantless blood test of an individual arrested for DUI because the police officer “might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened the destruction of evidence.” The Court recognized that this case is different, and presented the question as to whether the body’s natural metabolism of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment’s warrant requirement for nonconsensual blood testing. We The Court concluded that, consistent with general Fourth Amendment principles, that exigency must be determined case by case by case basis on the totality of the circumstances. The ruling means that police may still forcefully take someone’s blood, but there must be more circumstances that justify this constitutional intrusion than a routine DUI stop. Factors that may be considered is an accident with injuries or other issues that could tip the scale in favor of the government when a DUI suspect’s blood is drawn without consent and without a search warrant.
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Jason Todd FormanCriminal Defense AttorneyFort Lauderdale, FL ·
I don't think there is a clear cut answer because some additional facts are needed. Although blood draws have been upheld in certain circumstances, I would argue that forcibly taking urine in this manner, assuming you were not already obtaining medical treatment and hooked up already, would be unreasonable. I find it very disturbing and believe that under many circumstances a court would also find it unreasonable. Pretty outrageous in my opinion. You may be able to have the results suppressed.
0 upvotes