QUESTION:
Does a officer have the right to deny you a lawyer if u request one? Can they get a warrent for your blood and refuse to show it? I refused a chemical test i was told by police officer he would get a warrent to take my blood. After some time he drove me to hospital i asked to see the warrent and requested my lawyer be contacted i was refused both? Is this legal? I was told he didnt have to cause i wasnt under arrest?? ( as i am in handcuffs getting unathorized blood drawn)
ANSWER:
If the officer had a warrant before the blood was drawn, it is presumptively legal – although it can still be challenged in court. After being handcuffed and transported, you were effectively in custody /under arrest for many purposes. That means you had a right to not answer questions without an attorney being present – and any statements made after you invoked that right can likely be suppressed. But as to your question of a right to consult an attorney before a blood draw is taken – unfortunately, the current state of case law as I understand it says that you did not have a right to have an attorney or consult with one. You should consult with an attorney in your area.
