State v. Howes

Defendant was charged with operating a vehicle while intoxicated and operating a vehicle with a prohibited alcohol concentration. Defendant filed a motion to suppress the results of a warrantless blood draw on the basis that the deputy that arrested him lacked probable cause to do so and that the deputy violated Defendant’s rights by obtaining the blood draw. The circuit court granted the motion to suppress, concluding that the arresting officer had probable cause to arrest Defendant but that the section of Wisconsin’s implied consent statutes that permits a blood draw from an unconscious individual is unconstitutional unless exigent circumstances exist, and exigent circumstances did not exist in this case. The Supreme Court reversed, holding that, based on the totality of the circumstances, the deputy’s warrantless search was permissible under the exigent circumstances doctrine that relates to the risk of destruction of evidence. Remanded. View "State v. Howes" on Justia Law