2014 Opinion No. 127.
As Amended January 27, 2015.
Appeal from the District Court of the First Judicial District of the State of Idaho, in and for Kootenai County. Hon. Benjamin R. Simpson, District Judge.
The order of the district court is affirmed.
Kenneth K. Jorgensen, Deputy Attorney General, Boise, argued for appellant.
Justin M. Curtis, Deputy State Appellate Public Defender, Boise, argued for respondent.
Chief Justice BURDICK, Justices J. JONES, HORTON and Senior Justice Pro Tem WALTERS CONCUR.
This is an appeal out of Kootenai County from an order granting a motion to suppress the results of a warrantless blood draw from a driver suspected of driving under the influence of alcohol on the ground that an implied consent statute is not an exception to the warrant requirement announced in Missouri v. McNeely, 569 U.S., 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013). We affirm the granting of the motion to suppress.
[157 Idaho 644]I.
On November 5, 2012, a Post Falls police officer was searching for a gray truck with stolen Washington license plates. He located and began to follow the truck, and he confirmed that the license plate on it was stolen. The truck stopped in a parking lot in Post Falls, and the officer told the driver, later identified as Dennis Halseth (Defendant), to stay in the vehicle. Defendant drove away, with the officer in pursuit. However, the officer had to terminate the pursuit when his vehicle was struck by another vehicle.
Defendant was stopped and arrested in Washington by a Washington state trooper. The trooper asked Defendant to complete voluntary field sobriety tests, and Defendant refused. The trooper then transported Defendant to a hospital in Spokane, Washington, to have his blood drawn for evidentiary testing. Defendant protested, stating: " You can't take my blood! I refused! How can you just take it without permission?" Despite his protests, the hospital ...