Warrantless Search – Suppression of Evidence – Blood Test

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WI Court of Appeals – District III

Case Name: State of Wisconsin v. Daniel J. Van Linn

Case No.: 2019AP1317-CR

Officials: Stark, P.J., Hruz and Seidl, JJ.

Focus: Warrantless Search – Suppression of Evidence – Blood Test

Daniel Van Linn appeals a judgment of conviction for fifth-offense operating a motor vehicle while intoxicated (OWI). Van Linn was injured in an automobile accident. A police officer noted that he smelled of intoxicants, and Van Linn admitted to drinking “a couple of beers.” After Van Linn was transported to a hospital, a police officer took a warrantless blood sample from him, which the circuit court subsequently deemed an unlawful search and suppressed as evidence. The court later signed a subpoena from the State seeking medical records from Van Linn’s treatment providers at the hospital, which revealed that those providers had taken a second blood sample from Van Linn for diagnostic purposes. The court denied Van Linn’s motion to suppress the diagnostic blood evidence, and Van Linn appeals that determination.

We conclude the circuit court properly denied Van Linn’s suppression motion. The diagnostic blood evidence was obtained independent of the earlier, unlawful blood draw, and we conclude the independent source doctrine applies under the circumstances here. We reject Van Linn’s arguments to the contrary and affirm.

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Derek A Hawkins is Associate Corporate Counsel, IP at Amazon.