urine test in Pennsylvania

2021Id. at 237 . 10 Here, Officer Chichilla had “reasonable grounds for requesting a second type of test.” Jackson, 536 A.2d at 882 .

1993DOT relies upon our holding in Department of Transportation, Bureau of Traffic Safety v. Jackson, 113 Pa.Commonwealth Ct. 253, 536 A.2d 880 (1988), to uphold the trial court’s order.

1997Relying on Com., Dept. of Transp. v. McFarren, 514 Pa. 411 , 525 A.2d 1185 (1987) (plurality Opinion by Zappala, J.), and its progeny, appellant argues that Officer DiPalo did not have reasonable grounds to request that he submit to a urine test after he had already provided a blood sample, and, therefore, the testing of his urine was an unconstitutional search.

1997Relying on Com., Dept. of Transp. v. McFarren, 514 Pa. 411 , 525 A.2d 1185 (1987) (plurality Opinion by Zappala, J.), and its progeny, appellant argues that Officer DiPalo did not have reasonable grounds to request that he submit to a urine test after he had already provided a blood sample, and, therefore, the testing of his urine was an unconstitutional search.

2021By contrast, in Department of Transportation, Bureau of Driver Licensing v. Patton, 633 A.2d 234 (Pa. Cmwlth. 1993), this Court held that a police officer may not ask a licensee to submit to a urine test after he has submitted to a blood test, absent competent evidence that the urine test was necessary.

2021Id. at 237 . 10 Here, Officer Chichilla had “reasonable grounds for requesting a second type of test.” Jackson, 536 A.2d at 882 .

2013Finding that the licensee’s request to undergo a urine test was neither impracticable nor unreasonable, the Superior Court held that the officer’s refusal to allow alternate testing was a clear violation of the statutory right conferred by Section 1547(i) and “deprived [licensee] of substantial evidence that might well have soundly rebutted the Commonwealth’s allegations.” 70 A.3d at 860 .

2000The parties are directed to review the following two cases: Hatalski v. PennDOT, 666 A.2d 386 (Pa. Commw. 1995), and PennDOT v. Wilhelm, 156 Pa. Commw. 24 , 626 A.2d 660 (1993).

2000The parties are directed to review the following two cases: Hatalski v. PennDOT, 666 A.2d 386 (Pa. Commw. 1995), and PennDOT v. Wilhelm, 156 Pa. Commw. 24 , 626 A.2d 660 (1993).

2000The parties are directed to review the following two cases: Hatalski v. PennDOT, 666 A.2d 386 (Pa. Commw. 1995), and PennDOT v. Wilhelm, 156 Pa. Commw. 24 , 626 A.2d 660 (1993).

1997Commonwealth v. Gibson, 536 Pa. 123 , 638 A.2d 203 (1994).

1997Commonwealth v. Gibson, 536 Pa. 123 , 638 A.2d 203 (1994).

1991In support of this argument, the Commonwealth refers to Matthews v. Commonwealth of Pennsylvania, 115 Pa. Commw. 403 , 540 A.2d 349 (1988).

1991In support of this argument, the Commonwealth refers to Matthews v. Commonwealth of Pennsylvania, 115 Pa. Commw. 403 , 540 A.2d 349 (1988).

1991In Commonwealth, Dept. of Transportation, Bureau of Driver Licensing v. Penich, 112 Pa. Commw. 303 , 535 A.2d 296 (1988), the Commonwealth Court set forth guidelines with respect to chemical testing pursuant to section 1547(a): “[A] police officer with reasonable grounds to believe a licensee was operating a vehicle while under the influence initially has unfettered discretion under section 1547(a) to request the licensee to submit to one of the following types of chemical tests: breath, blood, or urine.

1991In Commonwealth, Dept. of Transportation, Bureau of Driver Licensing v. Penich, 112 Pa. Commw. 303 , 535 A.2d 296 (1988), the Commonwealth Court set forth guidelines with respect to chemical testing pursuant to section 1547(a): “[A] police officer with reasonable grounds to believe a licensee was operating a vehicle while under the influence initially has unfettered discretion under section 1547(a) to request the licensee to submit to one of the following types of chemical tests: breath, blood, or urine.

1989Moreover, Singleton waived his Fourth Amendment rights when he voluntarily submitted to the urine test. *404 S haw v. Unemployment Compensation Board of Review, 115 Pa. Commonwealth Ct. 61 , 539 A.2d 1383 (1988).

1989Moreover, Singleton waived his Fourth Amendment rights when he voluntarily submitted to the urine test. *404 S haw v. Unemployment Compensation Board of Review, 115 Pa. Commonwealth Ct. 61 , 539 A.2d 1383 (1988).