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The Supreme Court on Monday rejected arguments by the State Police and the attorney general that the law allowing them to force inmates to give samples on medical questions they cannot answer violates their constitutional right to privacy.
The justices in the case of Doe v. Pate, a Virginia case, said a similar case, which would have allowed a state trooper to compel a rape victim to provide blood alcohol content to establish the cause of the attack, did not withstand scrutiny.
In the Doe case, a woman told an officer that she had an uninvited date who had gone to her house and “touched her” while drunk. The victim said the attack, which occurred outside her home, was consensual.
A state trooper followed the woman to her home to question her about the sexual assault allegations. Police conducted a blood alcohol test at a local hospital and learned she was not intoxicated. They then found her car. They called police to seize a blood sample after finding drugs in the vehicle.
The woman did not have a blood alcohol level at the time of the alleged assault, and police found no evidence of drugs in her car or in her home. The Supreme Court ruled that the woman could not be forced to be tested unless doctors agreed whether she was intoxicated or not, something that no one had done in the past.
“The fact that the medical examiner was free to test the plaintiff’s blood without consent, and because that test was valid, the medical examiner’s finding of intoxication would not render the test invalid,” Justice Ruth Bader Ginsburg wrote for the majority.
Ginsburg noted that an Ohio court had decided that a warrantless blood test was valid because it was based on the testimony of a physician. However, the U.S. Supreme Court said there was a difference between an opinion based on a medical opinion and a blood test — a medical exam has to be performed and results have to be published — and that the physician in question testified, suggesting that, the court said, he could not be relied on.
The justices also ruled that the court can issue rules requiring police to inform defendants of their right to be represented by a lawyer before obtaining samples of their own blood. Although the case is not specifically about the blood test, the justices noted that the decision would apply in all instances.
But Ginsburg noted that consent is required in ”
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