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UT: Forced blood draw was without PC or exigent circumstances, and finding of consent was clearly erroneous

By John Wesley Hall, Jr.

Under the totality of circumstances, the officer did not have probable cause to force a blood draw from the defendant at the scene of an accident under exigent circumstances. The trial court’s finding of consent, reversed by the Court of Appeals as clearly erroneous, was also affirmed. Defendants was clearly not free to go, and the officer effectively arrested her to isolate her from friends with her telling her not to consent to a blood draw. He asked three times, was rebuffed three times, and “took control of” her. State v. Tripp, 2010 UT 9, 2010 Utah LEXIS 9 (February 19, 2010), affg State v. Tripp, 2008 UT App 388, 197 P.3d 99: [*P49] Here, the court of appeals correctly concluded that the police lacked probable cause to perform the blood draw under the totality of the circumstances...continue to full post

Full post as published by Fourth Amendment on February 22, 2010 (boomark / email).