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Articles Posted in 4th Amendment Protections

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How to Protect Your Rights Under the Unconscious Clause

Arizona’s Unconscious Clause permissible only with consent, warrant, or case-specific exigent circumstances; What happens when your rights are violated

In Arizona police are permitted to request a warrantless, non-consensual blood draw, from a DUI suspect who is unconscious under A.R.S. §28- 1321. The blood draw may be unconstitutional if an individual’s rights are violated in the process. Recently, the Arizona Supreme Court ruled that the unconscious clause is permissible…

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