364 P.3d 1144
Colo. Ct. App.2011Background
- Defendant Grassi was involved in a single-car crash resulting in the death of a passenger.
- Grassi was transported to a hospital before police arrived, and odor of alcohol was detected on him.
- Three hours after the accident, blood tests showed a BAC of 0.163 g/dL.
- A prior division remanded for a hearing to determine probable cause to draw blood; the remand court found probable cause.
- At issue was whether police had probable cause to draw blood for testing under § 42-4-1801.1, and whether the fellow-officer rule and related case law support admission of the evidence.
- The district court’s remand order and the subsequent suppression ruling are reviewed de novo for legal conclusions, with deference to factual findings.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Probable cause to believe Grassi was the driver | Grassi | Grassi | Waived; no reversible error; not raised at remand |
| Probable cause to believe DWAI or DUI | People | Grassi | Probable cause found; evidence supports DWAI/related offenses |
| Application of Roybal/Reynolds distinctions | People | Grassi | Distinguishable; totality of circumstances supports probable cause |
| Consideration of Trooper Waters's observations | People | Grassi | Waters's observations admissible under totality and fellow-officer rule |
| Fellow officer rule applicability | People | Grassi | Rule applies; police as a whole had probable cause |
Key Cases Cited
- People v. Reynolds, 895 P.2d 1059 (Colo. 1995) (insufficient independent evidence for probable cause)
- People v. Roybal, 655 P.2d 410 (Colo. 1982) (no probable cause where only accident and odor of alcohol)
- People v. Schall, 59 P.3d 848 (Colo. 2002) (probable cause rests on all facts known at arrest)
- People v. Shepherd, 906 P.2d 607 (Colo. 1995) (totality of evidence supports probable cause)
- People v. Arias, 159 P.3d 134 (Colo. 2007) (fellow officer rule; police as a whole must have probable cause)
- People v. Fields, 785 P.2d 611 (Colo. 1990) (fellow officer rule applications in arrest contexts)
- People v. Freeman, 668 P.2d 1371 (Colo. 1983) (officer may arrest based on dispatcher-provided probable cause)
- People v. Baca, 600 P.2d 770 (Colo. 1979) (officer acts on information provided by others)
- People v. Nanes, 483 P.2d 958 (Colo. 1971) (cited for fellow-officer reasoning)
- People v. Salyer, 80 P.3d 831 (Colo. App. 2008) (waiver when grounds not raised in remand)