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Motor Vehicles – OWI – warrantless blood draws – good faith exception
By: WISCONSIN LAW JOURNAL STAFF//December 29, 2014//
Motor Vehicles – OWI – warrantless blood draws – good faith exception
By: WISCONSIN LAW JOURNAL STAFF//December 29, 2014//
Listen to this articleWisconsin Supreme Court
Criminal
Motor Vehicles – OWI – warrantless blood draws – good faith exception
Suppression of the evidence obtained from warrantless blood draws is not required where the officers relied on state supreme court precedent at the time.
“We hold that McNeely applies retroactively to the facts of this case and that the warrantless nonconsensual blood draw performed on Foster violated his right to be free from unreasonable searches and seizures. However, we decline to apply the exclusionary rule to suppress the evidence derived from Foster’s blood. Because the police acted in objectively reasonable reliance upon the clear and settled precedent of Bohling in effectuating the search and seizure of Foster’s blood, the good faith exception to the exclusionary rule precludes suppression of the blood draw evidence.”
Affirmed.
2011AP1673-CRNM State v. Foster
Crooks, J.
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