Judge Rejects Defense Claim Alleging Excessive Force in DUI Blood Draw by Police


By Leila Katibah

SANTA BARBARA, CA – Deputy Public Defender Anders Iverson filed a motion to dismiss evidence obtained through what the PD called an illegal search and seizure, in violation of the Fourth Amendment, here in Santa Barbara Superior Court.

However, Judge Clifford R. Anderson disagreed and set the case for trial.

The accused (not identified by The Vanguard because charges are only misdemeanors) is being charged with the misdemeanors of driving under the influence of drugs and resisting or obstructing arrest by a police officer.

DPD Iverson alleged the police report did not match the reality of aggressive misconduct by law enforcement during the accused’s arrest, based on a review of the body camera footage.

The prosecutor stated he was not going to rehash the opposition and supplemental motions previously discussed in court, and argued the defense’s motion should fail because it does not provide any specifics nor give an example of case law where required.

DPD Iverson refuted that argument, reiterating the low burden of proof required to warrant a review, and that denial of facts alleged in the police report, as they already did, is enough to meet that low burden and low threshold.

Judge Anderson acknowledged the low burden, but emphasized it still requires good cause and specificity.

Judge Anderson professed the allegations of aggressive behavior by the officers were vague, ambiguous and “woefully inadequate” as the allegation pertains to excessive force, in which blood is drawn by the victim.

All parties agreed to set a trial date.

About The Author

Leila Katibah is an undergraduate student at the University of California, Santa Barbara. She is double majoring in Sociology and Middle East Studies with a minor in Professional Writing. After graduating, Leila plans to attend law school to pursue a career in Public International Law.

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