Policy Text
Policy
607Fremont Police Department
Blood Testing of Arrested Persons
607.1 PURPOSE AND SCOPE
To establish guidelines for obtaining blood samples from arrested persons and to properly obtain
and store blood samples from arrested persons.
607.2 PROCEDURE
Blood samples will be drawn from arrested persons, prior to booking, when the arrestee is showing
objective signs of being under the influence of drugs and/or alcohol and when the suspect’s state
of mind could be an issue.The blood samples will be drawn when a suspect has committed one or
more of the following crimes:187 P.C.; attempt 187 P.C.; 245 P.C. with great bodily injury requiring
hospitalization; 261 P.C.; 286 P.C.; 289 P.C.; 288 P.C., or other major offenses that fit the above-
listed criteria.
(a)After an arrest, and prior to booking, the suspect will be transported to Washington
Hospital where blood will be drawn by qualified hospital personnel.
1.Two vials will be used for alcohol and drug analysis. Officers should use the kit
marked "Blood" for drug/alcohol test samples.
(a)If the officer suspects a specific drug(s), the name of the drug should be
entered on the analysis request form.
(b)The arresting officer is responsible for notifying qualified hospital personnel prior to
drawing the blood that two vials will be used for intoxicant analysis.
(c)The arresting officer will mark the appropriate two vials for alcohol/drug testing and
store them for analysis.
(d)Forcible Drawing of Blood from Arrested Persons:
(a)If an arrested person refuses to allow an authorized medical technician to
draw blood specimens as outlined in this policy, and/or the arrested person is
combative, an officer shall write a search warrant authorizing the blood draw. If
the person continues to refuse to allow the drawing of blood or is combative after
the search warrant has been authorized, supervisor's approval shall be obtained
prior to the forcible drawing of blood.
(a)This approval shall be obtained for both misdemeanor and felony arrests.
(b)Whenever possible, the supervisor should respond to the location where
the blood is to be drawn and remain present during the blood collection
procedure.
(b)Generally, the forcible collection will be approved when a search warrant has
been authorized for a blood draw as outlined in this policy. The supervisor should
consider the following criteria prior to authorizing the forcible collection of blood.
(a)Whether there is a clear indication that the drawing of blood would result
in the collection of incriminating evidence.
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Fremont Police Department
Blood Testing of Arrested Persons
(b)Whether attending medical professionals recommend against the forcible
drawing of blood for medical reasons.
(c)Considering the arrestee's condition, demeanor, and combativeness,
whether there are sufficient officers and resources available to safely and
reasonably restrain the arrestee during the blood collection.
(d)Whether the initial arrest was valid.
(c)The circumstances surrounding the forcible collection of blood and the name of
the authorizing supervisor shall be documented by the arresting officer in the
associated report.
Copyright Lexipol, LLC 2024/06/24, All Rights Reserved.
Published with permission by Fremont Police DepartmentBlood Testing of Arrested Persons - 2