Written by attorneys · grounded in primary & secondary sources — see below
2 senses
1
consanguineous relationship
A relationship between persons arising by descent from a common ancestor. The relationship may be full blood when persons share both parents or half blood when persons share only one parent.
2
bodily fluid
A bodily fluid drawn or tested to determine physical condition, intoxication, or genetic parentage. Courts may order production of blood samples when a party's physical condition is in controversy or when exigent circumstances justify a warrantless draw.
Sense 1
1
consanguineous relationship
A relationship between persons arising by descent from a common ancestor. The relationship may be full blood when persons share both parents or half blood when persons share only one parent.
Examples3
Declarant States Family Blood Ties
Brittany Bell offers a statement from her late aunt describing the declarant's own ancestry and relationship by blood to an heir. The aunt had no personal knowledge of the facts yet the statement is admitted because it concerns personal or family history.
Nonparent Seeks Visitation as Blood Relative
Bernard Bass petitions for visitation with his niece after the parents' divorce. He qualifies as a nonparent with a substantial relationship because he is an individual with a familial relationship with the child by blood.
Sense 2
2
bodily fluid
A bodily fluid drawn or tested to determine physical condition, intoxication, or genetic parentage. Courts may order production of blood samples when a party's physical condition is in controversy or when exigent circumstances justify a warrantless draw.
Examples3
Court Orders Blood Group Test
Bradley Banks sues after a workplace injury and places his physical condition in controversy. The court orders him to submit to a physical examination that includes blood group testing performed by a licensed examiner. The results help establish whether Banks shares blood characteristics relevant to causation.
Each sense below has its own examples, sources, and questions.
Statement About Another's Blood Relation
Bianca Baker offers a statement from a family associate describing another person's relationship by blood to the decedent. The declarant was intimately associated with the family so the information is likely accurate and is admitted.
Frequently Asked1
How does blood relationship affect nonparent custody claims?+
A nonparent has a substantial relationship with the child if the nonparent is an individual with a familial relationship by blood and a significant emotional bond exists.
Bruce Baldwin calls police after hearing screams from a neighboring apartment. Officers see visible blood and disorder through the window and enter without a warrant under the emergency aid exception to render immediate aid.
Genetic Testing Uses Blood Sample
Brian Bailey disputes paternity of a child. The court orders genetic testing performed in an AABB-accredited laboratory using a blood specimen from each party to calculate the relationship index.
Frequently Asked3
When may a court order a party to submit to blood testing?+
A court may order a party whose physical condition including blood group is in controversy to submit to a physical examination by a suitably licensed examiner when good cause is shown.
Does the emergency aid exception allow warrantless entry when blood is visible?+
Yes. Officers may enter without a warrant when visible injury, blood, and disorder would lead a reasonable officer to believe someone inside needs immediate aid.
What laboratory standards apply to blood samples in parentage testing?+
Genetic testing must be performed in a laboratory accredited by the AABB or a successor and the specimen may consist of blood or other tissue.
384 U.S. 436 (1966)Evidence
…Chambers v. Florida , 309 U. S. 227, this Court has recognized that coercion can be mental as well as physical, and that the blood of the accused is not the only hallmark of an unconstitutional inquisition." Blackburn v. Alabama , 361 U. S. 199, 206 (1960). Interrogation still takes place in privacy. Privacy results…
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