State v. Tullberg
Annotate this CaseDefendant was involved in a single-vehicle accident that killed one of the occupants of the vehicle. Defendant, who denied being the driver, was being treated at the hospital when the hospital staff performed a warrantless blood draw at the instructions of a sheriff’s deputy. Defendant moved to suppress the blood draw as an unreasonable search without a warrant. The circuit court denied the motion to suppress. Defendant was subsequently found guilty of homicide by intoxicated use of a motor vehicle and other crimes. The court of appeals upheld the conviction, concluding that probable cause and exigent circumstances supported the blood draw. The Supreme Court affirmed, holding that the warrantless blood draw was constitutional because it was supported by probable cause and exigent circumstances.
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