evidence illegally obtained a blood sample without an order of the competent judge
The issue is still hot:
The Brandenburg Higher Regional Court by order dated 13th July 2010 - (2) 53 S 40/10 (21/10) - Decided that the result of a blood sample may be not be used if this was ordered by the law enforcement authorities, without having that at least attempted previously to obtain an order from the competent judge. According to the Senate, the law enforcement authorities are trying to obtain an order from the competent judge, even before they order a blood sample collection. The risk to the successful investigation must be justified by the facts that must be based on the individual case. If issued against this background, a working procedure for the determination of the authorities in the arrangement of a blood sample to determine the alcohol concentration because of the speed of the reduction in blood alcohol regularly have to start from imminent danger, this should be as conscious avoidance of the judge, subject to § 81a.
Here is the link to the decision:
link to the original post http://www.drherzog.de/rarichterBrandenb:
http://www.drherzog.de/rau4cmq Posted
by:
lawyer Peter Dürr
areas of law:
criminal law, traffic law,
Tags:
attorney, attorneys, Rosenheim,
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