Training Bulletin 24-01 - Restraint Chair for Blood DrawsTRUST ▪ CARE ▪ COMMITMENT
June 6, 2024 TB# 24-01
Restraint Chair for Blood Draws
Effective immediately, the Restraint Chair shall not be used to obtain a blood sample from a subject under
arrest for HS 11550. This is a direct result of the Orange County District Attorney’s Office declining to
prosecute HS 11550 cases involving non-consensual blood draws. They do not believe legal authority
exists to forcibly obtain blood evidence for this type of law violation. Officers should continue to arrest
subjects for violations of HS 11550, but can only obtain blood samples when the arrestee consents to an
evidential blood draw. This consent should be recorded on BWC, and clearly documented in the report.
Subjects who refuse to provide a consensual blood sample can still be booked at Orange County Jail or
released via citation.
Refusal to consent to a blood draw does not impact the probable cause for making a lawful arrest, and is
not grounds for releasing a subject per PC 849(b)(1).
If an evidential blood sample is not collected from a suspect, attempt to have a Drug Recognition Expert
(DRE) complete an evaluation and opine whether or not the suspect is under the influence. Detailed and
thorough reports that include the arresting officer’s training and experience pertaining to under the
influence investigations will increase the likelihood of criminal charges being filed when a blood sample
cannot be obtained.
Policy 347.3 has been recently modified to remove an arrest for HS 11550 from the list of authorized
conditions for using the Restraint Chair.
Bottom Line:
The Restraint Chair can no longer be used to obtain a blood sample from a subject arrested f or HS
11550. When possible, officers should have a DRE Evaluation conducted on subjects who refuse to
consensually provide a blood sample. Subjects arrested for HS 11550 can still be booked at Orange
County Jail or released on a citation regardless of whether or not an evidential blood sample was
obtained.
ORANGE POLICE DEPARTMENT
LAW ENFORCEMENT TRAINING BULLETIN
Dan Adams, Chief of Police