2015 CO 27
Colo.2015Background
- Late-night ATV crash: driver Travis Ackerman and passenger seriously injured; passenger later died. Ackerman transported unconscious to a hospital.
- Investigators activated critical-incident protocol and split tasks: CRASH team processing scene while officers were sent to different hospitals to monitor victims.
- Officer Tower directed an officer to prepare an affidavit for a warrant to draw blood from Ackerman; while the affidavit was being prepared, hospital staff prepared Ackerman for a CAT scan and possible surgery.
- Fearing that surgery and associated medical procedures would alter or make unavailable blood-alcohol evidence, Officer Tower ordered a warrantless blood draw at ~3:30 a.m.; a warrant was later signed at 4:37 a.m., authorizing two additional draws.
- Trial court suppressed the first blood draw for lack of exigent circumstances but denied suppression of the second and third draws; the People appealed interlocutorily.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exigent circumstances justified an involuntary, warrantless blood draw | Police had reasonable concern that impending CAT scan/surgery would alter/destroy blood-alcohol evidence and were still investigating the scene, making a warrant impractical | Officers had time to use an expedited electronic warrant system; delay was a procedural breakdown and not caused by the surgery | Exigent circumstances existed: totality of circumstances justified the warrantless first blood draw |
Key Cases Cited
- Schmerber v. California, 384 U.S. 757 (U.S. 1966) (blood draws are Fourth Amendment searches; exigency can justify a warrantless draw because BAC dissipates)
- People v. Sutherland, 683 P.2d 1192 (Colo. 1984) (adopting Schmerber factors: probable cause, relevance, exigency, reasonableness)
- People v. Milhollin, 751 P.2d 43 (Colo. 1988) (exigency where suspect transported to hospital and officers were at accident scene)
- People v. Shepherd, 906 P.2d 607 (Colo. 1995) (exigency where suspect at hospital, officers investigating scene, and suspect about to be moved)
- People v. Schall, 59 P.3d 848 (Colo. 2002) (applying Schmerber/Sutherland framework to blood draws)
- People v. Brunsting, 307 P.3d 1073 (Colo. 2013) (discussing exigent-circumstances as a flexible, fact-specific exception)