In seven consolidated cases, the court concluded that the blood draw in each case was reasonable under the Fourth Amendment. All the defendants chose to have a blood test. In each case, a police officer witnessed blood draws performed by a person the officer believed to be a trained phlebotomist or blood technician. None of the defendants exhibited any signs of pain or discomfort during the blood draw procedure; indeed, the testimony reflected these were routine blood draws consistent either with the officer's own experience of having blood drawn or with the officer's observation of other arrestee blood draws. Moreover, the testimony reflected the blood draws were conducted in a cooperative manner, utilizing needles from sealed packages and ensuring the blood extraction area was cleaned prior to inserting the needle and cleaned and bandaged after the blood was drawn. Under the totality of the circumstances presented, in each case the officer's un-rebutted testimony showed the blood draw did not expose the defendant to an unjustified element of personal risk of infection or pain. People v. Cuevas, 2013 Cal. App. LEXIS 655 (1st Dist. July 31, 2013), Published August 15, 2013.
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