People v. Brooks

This case presents question as to whether trial court properly granted defendant’s motion to suppress results of defendant’s blood-alcohol analysis performed at local hospital at initiation of hospital on night of defendant’s arrest on charge of driving under influence of alcohol. Appellate Court, in affirming trial court’s suppression order, initially noted that under 11-501.4 of Vehicle Code, blood tests performed in regular course of providing emergency medical treatment are admissible, as long as such tests were not requested by law enforcement, but further held that 4^th Amendment does not permit warrantless blood tests incident to lawful arrests for drunk driving in absence of exigent circumstances or consent. Moreover, Appellate Court found that instant blood test was result of State action so as to support instant suppression order, where arresting officer: (1) ignored defendant’s refusal of emergency medical treatment; (2) removed defendant from his vehicle, forcibly placed him on gurney and assisted others in putting defendant into ambulance for transport to hospital; and (3) essentially forced defendant to obtain medical treatment. Appellate Court further found that arresting officer was not faced with exigent circumstances that would have justified warrantless blood draw.