North Carolina State Highway Patrol policy manual - Page 446 |
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When a search warrant for blood is being served a doctor, nurse, EMT or other qualified person should draw the blood in the presence of the charging officer. The person withdrawing the blood should be told that the blood is for the purpose of determining the presence of alcohol or other drugs.
If a driver physically resists providing a blood sample reasonable force can be used to restrain the driver and the blood withdrawn over his/ her objection. Hospital procedures used to restrain unruly patients can be used. If the driver physically resists or refuses to provide a urine sample, none shall be obtained without consulting with the District Attorney. A driver who resists providing a blood or urine sample may be charged with resisting, obstructing or delaying a public officer in violation of N. C. G. S. § 14- 223.
Urine will show previous drug use and not current drug use. It can be used to corroborate a blood test, but is primarily of value when the driver has fled the scene and is not arrested until several hours later. Urine may show the presence of drugs, when the blood does not. When a urine sample is obtained, the sample must be obtained in accordance with the medical facilities policy to assure reliability of the sample and the privacy of the driver. Urine samples must be refrigerated. The charging officer must determine from the facility how to preserve the sample for later analysis. The SBI laboratory can analyze urine, but it is time consuming and expensive and should only be requested after consultation with the District Attorney’s Office.
Search warrants must be served and returned to the court in accordance with Chapter 15A of the General Statues and an inventory of seized property ( AOC- CR- 206) must be completed when blood or urine is seized.
IX. DRIVERS TREATED AT OUT OF STATE HOSPITALS ( CALEA 61.1.11)
A driver in the border counties may be taken for treatment at medical facilities located outside the State of North Carolina. For the purposes of collision investigation, members may proceed out of state after obtaining permission from a district supervisor. Members shall use the North Carolina implied consent procedures to obtain a blood sample from the driver. The member shall not arrest the driver, but shall charge him/ her by issuing and signing the citation. If the driver refuses to submit to the implied consent test, the member shall follow the procedure for the pre- trial civil revocation and the DMV revocation. Search warrants issued in North Carolina are not valid outside the State of North Carolina. Blood and/ or urine samples, other than under implied consent, should only be obtained after consultation with the District Attorney of the county in which the charges are to be filed.
A driver who is located out of state shall not be arrested but may be cited to appear in court. If the driver has committed a felony, the charging officer must obtain arrest warrants and have them entered into the Division of Criminal Information ( DCI). The driver must then be arrested by an officer from the state in which the driver is located. The driver must then be extradited back to North
J. 2 NC State Highway Patrol Policy Manual Page 12
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| Title | North Carolina State Highway Patrol policy manual - Page 446 |
| Full Text | When a search warrant for blood is being served a doctor, nurse, EMT or other qualified person should draw the blood in the presence of the charging officer. The person withdrawing the blood should be told that the blood is for the purpose of determining the presence of alcohol or other drugs. If a driver physically resists providing a blood sample reasonable force can be used to restrain the driver and the blood withdrawn over his/ her objection. Hospital procedures used to restrain unruly patients can be used. If the driver physically resists or refuses to provide a urine sample, none shall be obtained without consulting with the District Attorney. A driver who resists providing a blood or urine sample may be charged with resisting, obstructing or delaying a public officer in violation of N. C. G. S. § 14- 223. Urine will show previous drug use and not current drug use. It can be used to corroborate a blood test, but is primarily of value when the driver has fled the scene and is not arrested until several hours later. Urine may show the presence of drugs, when the blood does not. When a urine sample is obtained, the sample must be obtained in accordance with the medical facilities policy to assure reliability of the sample and the privacy of the driver. Urine samples must be refrigerated. The charging officer must determine from the facility how to preserve the sample for later analysis. The SBI laboratory can analyze urine, but it is time consuming and expensive and should only be requested after consultation with the District Attorney’s Office. Search warrants must be served and returned to the court in accordance with Chapter 15A of the General Statues and an inventory of seized property ( AOC- CR- 206) must be completed when blood or urine is seized. IX. DRIVERS TREATED AT OUT OF STATE HOSPITALS ( CALEA 61.1.11) A driver in the border counties may be taken for treatment at medical facilities located outside the State of North Carolina. For the purposes of collision investigation, members may proceed out of state after obtaining permission from a district supervisor. Members shall use the North Carolina implied consent procedures to obtain a blood sample from the driver. The member shall not arrest the driver, but shall charge him/ her by issuing and signing the citation. If the driver refuses to submit to the implied consent test, the member shall follow the procedure for the pre- trial civil revocation and the DMV revocation. Search warrants issued in North Carolina are not valid outside the State of North Carolina. Blood and/ or urine samples, other than under implied consent, should only be obtained after consultation with the District Attorney of the county in which the charges are to be filed. A driver who is located out of state shall not be arrested but may be cited to appear in court. If the driver has committed a felony, the charging officer must obtain arrest warrants and have them entered into the Division of Criminal Information ( DCI). The driver must then be arrested by an officer from the state in which the driver is located. The driver must then be extradited back to North J. 2 NC State Highway Patrol Policy Manual Page 12 |
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