California Court of Appeal

In this case, defendant entered a plea of no contest to driving with .08 percent or higher blood-alcohol content. Denial of defendant’s motion to suppress blood draw evidence taken after his DUI arrest without first obtaining a search warrant is affirmed, where: 1) the blood draw was performed in a constitutionally reasonable manner, as the officers used no more force than necessary to hold defendant still, and the sample was taken by a phlebotomist in a medically reasonable manner; and 2) the “good faith” exception to the exclusionary rule applies, as the officer acted in accordance with existing legal precedent and with a reasonable, good faith belief that, at the time of the arrest, a warrant wasn't necessary for a blood draw.

Appellate Information

• Decided 10/22/2014
• Published 10/22/2014

Judges

• Ruvolo

Court

• California Court of Appeal

Counsel