May 22, 2019

Colorado Supreme Court: Warrantless Blood Draw on Unconscious Driver Does Not Violate Fourth Amendment

The Colorado Supreme Court issued its opinion in People v. Hyde on Monday, April 17, 2017.

Searches and Seizures—Warrantless Blood Draw— Consent to Search.

In this interlocutory appeal, the Colorado Supreme Court considered whether a warrantless blood draw conducted on an unconscious driver pursuant to Colorado’s Expressed Consent Statute, C.R.S. § 42-4-1301.1, violates the Fourth Amendment’s prohibition on unreasonable searches. The court explained that by driving in Colorado, the driver consented to the terms of the statute, including its requirement that “[a]ny person who is dead or unconscious shall be tested to determine the alcohol or drug content of the person’s blood.” The court concluded that the driver’s prior statutory consent satisfied the consent exception to the warrant requirement under the Fourth Amendment; therefore, the blood draw conducted in this case was constitutional. Consequently, the court reversed the trial court’s order suppressing the blood-draw evidence.

Summary provided courtesy of The Colorado Lawyer.

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