Commonwealth v. Bohigian: Is There a Warrant Exception to the Statutory Consent Requirement for Blood Draws?

Law Offices of Joseph D. Bernard

On February 10, 2020, the Supreme Judicial Court (SJC) heard oral argument on whether or not there is a search warrant exception to the statutory requirement that there be consent prior to a blood draw in cases of operating under the influence. Under Massachusetts law, G.L. c. 90, section 24(1)(e) and (f), consent is required for a blood draw at the request of law enforcement in order for the evidence to be admissible in court and an individual who is under arrest or suspected of operating under the influence has a statutory right to refuse a blood or breath test. However, does obtaining a search warrant for a forcible blood draw render the statute inapplicable? Read More

Statement of Bruce Miller to the Committee on Public Health

For the past eight years, I have been working with the Massachusetts Campaign Against Torture, a citizens’ group dedicated to ending the involvement of health care providers, particularly psychologists, in the torture and abusive treatment of prisoners and detainees. I’m grateful to the Joint Committee on Public Health for its careful consideration of Senate Bill No. 1194 and House Bill No. 1149, which would prohibit such involvement by Massachusetts licensed professionals, and for the opportunity to speak in support of these important Bills. Read More