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Warrantless Search – Blood Test

By: Derek Hawkins//November 25, 2019//

Warrantless Search – Blood Test

By: Derek Hawkins//November 25, 2019//

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7th Circuit Court of Appeals

Case Name: Tyquan Stewart v. Parkview Hospital, et al.

Case No.: 19-1747

Officials: WOOD, Chief Judge, SCUDDER, and ST. EVE, Circuit Judges.

Focus: Warrantless Search – Blood Test

Tyquan Stewart sustained serious injuries upon crashing his car while driving under the influence. An emergency room doctor treated Stewart and in doing so ordered a blood draw, which confirmed that he had been drinking. The police requested and received the blood‐ test results from the hospital’s medical staff. Stewart later sued both officers for violating the Fourth Amendment by obtaining his test results without a warrant and the hospital’s medical staff for violating the Health Insurance Portability and Accountability Act by disclosing the results. The district court entered summary judgment for the defendants. We affirm.

Affirmed

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Derek A Hawkins is trademark corporate counsel for Harley-Davidson. Hawkins oversees the prosecution and maintenance of the Harley-Davidson’s international trademark portfolio in emerging markets.

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