People v. Armer

(Court opinion corrected 10/28/14.) Defendant was in single-vehicle accident, and was charged with DUI, and filed motion to suppress blood-alcohol analysis on ground that blood was drawn without his consent, and without a warrant. Court properly found that arresting officer was not faced with exigent circumstances that would justify drawing of Defendant's blood without a warrant. Deputy did not work accident by himself, and he or other officers could have tried to contact State's Attorney to secure a search warrant. Under totality of circumstances, non-consensual, warrantless blood draw violated Defendant's fourth amendment right to be free from unreasonable searches. (WELCH and CHAPMAN, concurring.)