Criminal law — Driving under influence — Evidence — Hospital records — Officer’s inquiry of emergency room doctor as to whether blood had been drawn from defendant for purposes of blood alcohol test and doctor’s unsolicited statement regarding test result were in accordance with section 316.1932(1)(f)2.b, which authorizes doctor to disclose to law enforcement blood alcohol test results on patient whose results exceed lawful level — Even if officer was required to obtain warrant or subpoena before asking doctor if blood test had been performed, officer’s request is not misconduct that warrants exclusion of medical records — Further, where there was no bad faith on part of officer, inevitable discovery exception to exclusionary rule applies — Motion to suppress is denied
Legal Topics
Criminal law — Driving under influence — Evidence — Hospital records — Officer’s inquiry of emergency room doctor as to whether blood had been drawn from defendant for purposes of blood alcohol test
Jun 15th, 2021 in News by admin