The United States Constitution grants individuals the right to be free from unreasonable search and seizure. Recently, the United States Supreme Court held this right to include the right to be free from warrantless blood tests, in Birchfield v. North Dakota. The Birchfield ruling did not permanently resolve the issue of whether evidence obtained via a warrantless blood test is admissible, however, as courts throughout the country have carved out exceptions to the rule. This was illustrated in a recent case decided by the Nebraska Supreme Court, in which the court ruled that under the good faith exception to the Fourth Amendment, results from a warrantless blood test could be admitted into evidence. If you live in Illinois and face DUI charges due to a warrantless blood test it is imperative to retain a skilled Illinois DUI attorney to fight to protect your rights.
The Nebraska Case
Reportedly, police were called to the scene of a car accident in the early evening in August 2017. Upon arrival, they observed the defendant slumped over behind the driver’s seat of his vehicle. He was transported to the hospital via ambulance and did not submit to any chemical or field sobriety testing at the scene. One of the officers submitted an affidavit to obtain a search warrant for a blood draw from the defendant, due to the suspicion the defendant was driving under the influence. The county court issued the warrant, after which the police traveled to the hospital. The defendant willingly submitted to a breath test, which showed his BAC to be almost twice the legal limit. He was then served the search warrant, after which his blood was drawn. The defendant’s blood alcohol level was .168. Following his release from the hospital, he was arrested for driving under the influence.
It is alleged that after the defendant was charged with driving under the influence, he filed a motion to suppress the evidence obtained via the search warrant on the grounds that the warrant was invalid. Specifically, the defendant argued that the affidavit in support of the warrant failed to establish probable cause that the defendant was engaging in criminal activity. The trial court denied the motion, finding that the affidavit was sufficient. A trial was held, and the defendant was convicted, after which he appealed. On appeal, the court affirmed the trial court ruling, and noted that the good faith exception to the Fourth Amendment applied. The defendant appealed, and the Supreme Court of Nebraska moved the case to its docket. Continue reading →