August 25, 2019

Colorado Supreme Court: Colorado Express Consent Statute Does Not Require Officers to Request a Driver’s Consent to Conduct a Constitutional Involuntary Blood Draw

The Colorado Supreme Court issued its opinion in People v. Smith on June 6, 2011.

Criminal Law—Express Consent—Interlocutory and Original Jurisdiction.

The Supreme Court reversed the order of the trial court suppressing the results of tests performed on blood drawn from defendant by police officers without requesting his consent following a car accident. The Court held that interlocutory review of the order was inappropriate, but nevertheless exercised original jurisdiction and held that Colorado’s express consent statute does not require officers to request a driver’s consent to conduct a constitutional involuntary blood draw.

Summary and full case available here.

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  1. A. McShane says:

    Colorado express concent statute violites 5th ammendment right to counsel. States clearly you do not have the right to speak to an attorney. How is this statute in compliance with the constitution?

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