State v. Fawcett

Appellant drove her car through a red light, causing a collision with another car. A police detective applied for and was issued a warrant to search a sample of Appellant’s blood for “evidence of criminal vehicular operation.” The issuing judge found that probable cause existed for the issuance of the search. After Appellant’s blood was drawn, a toxicology report indicated that Appellant's blood contained a metabolite of THC and Alprazolam at the time of the accident. The State charged Appellant with criminal vehicular operation. Appellant filed a motion to suppress, arguing that the warrant did not provide probable cause for the police to test her blood for controlled substances. The district court granted Appellant’s motion, concluding that the blood sample was lawfully obtained under the warrant but that the subsequent testing of the blood sample for the presence of drugs was unlawful. The court of appeals reversed. The Supreme Court affirmed, holding (1) the facts alleged in the warrant application and supporting affidavit supported testing Appellant’s blood for controlled substances; and (2) the search warrant satisfied the particularity requirement in the Fourth Amendment. View "State v. Fawcett" on Justia Law