State v. Randall

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The Supreme Court reversed the decision of the court of appeals affirming the circuit court's judgment granting Defendant's motion to suppress a test of Defendant's blood sample, holding that the State lawfully obtained the blood sample. A police officer arrested Defendant for driving under the influence. Defendant gave the officer permission to take a sample of her blood to determine its alcohol concentration. Before the sample was tested, however, Defendant revoked her consent and demanded the immediate return or destruction of her blood sample. Defendant's blood sample was nevertheless tested. The circuit court granted Defendant's motion to suppress, concluding that Defendant's revocation of consent made the test unconstitutional. The court of appeals affirmed. The Supreme Court reversed, holding (1) the State performed only one search in this case when it obtained a sample of Defendant's blood, and that search ended when the State completed the blood draw; (2) a defendant arrested for intoxicated driving has o privacy interest in the amount of alcohol in that sample; and (3) therefore, the State did not perform a search on Defendant's blood sample when it tested the sample for the presence of alcohol, and as a result, Defendant's consent to the test was not necessary. View "State v. Randall" on Justia Law