Criminal law — Driving under influence — Evidence — Medical records — Blood and urine test results — Collection of defendant’s blood and urine was not search and seizure where defendant, who had been involved in serious crash, was transported by arresting trooper to hospital for medical clearance prior to being admitted to jail; trooper did not direct hospital staff to perform any search of defendant’s blood or urine, did not direct hospital staff to inquire into defendant’s use of any substances and did not order defendant to submit to medical treatment; and purpose of treatment was not to obtain incriminating information but to evaluate and treat defendant — Questioning by hospital staff about defendant’s use of benzodiazepine was not interrogation in violation of defendant’s Miranda rights where staff were not acting as state agents — Where defendant’s blood and urine were drawn for exclusively medical purposes, fact that state ultimately obtained test results through subpoena does not render results inadmissible under implied consent law — Motion to suppress is denied
Legal Topics
Criminal law — Driving under influence — Evidence — Medical records — Blood and urine test results
Nov 22nd, 2024 in by admin