Adams v. State
West's South Eastern Reporter, 2d Series, 1998; 498: 268-274
Court Decision: 498 South Eastern Reporter, 2d Series 268; 1998 May 4 (date of decision). The Supreme Court of Georgia held that a state statute permitting a crime victim who is significantly exposed to HIV to request an HIV blood test on the person charged with the crime and arrested does not violate the Fourth Amendment right against unreasonable searches, nor does it violate privacy or equal protection rights. Malik Adams attacked and struggled with police officers during arrest. In the struggle, Adams's and an officer's hands, on which there were bleeding wounds, came in contact. Even though Adams did not have any outward AIDS symptoms, the state filed a motion to compel HIV testing. The Supreme Court of Georgia held that, because the statute compelling HIV testing serves the compelling state interest of preventing the public's exposure to HIV, the search, in this case the taking and sampling of blood, is reasonable. [KIE/INW]
Georgia. Supreme Court
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