People v. Harrison
58 N.E.3d 623
Ill. App. Ct.2016Background
- On March 3, 2011 Stephen Harrison was arrested for DUI after a collision that seriously injured another motorcyclist; officer observed signs of intoxication and Harrison failed field sobriety tests.
- Harrison refused a breath test; officer transported him to a hospital and, without a warrant or consent, requested two blood samples at 11:45 p.m.; later testing showed BAC 0.161.
- Harrison moved to suppress the blood-test results as the product of an unconstitutional, warrantless, nonconsensual blood draw; the trial court denied suppression.
- At trial a jury convicted Harrison of two counts of aggravated DUI; he was sentenced to two years imprisonment and appealed, challenging the denial of the suppression motion.
- The sole legal question on appeal was whether the officer acted in objectively reasonable, good-faith reliance on then-binding Illinois precedent (People v. Jones) such that the exclusionary rule did not apply.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether blood drawn without a warrant or consent must be suppressed | State: Officer acted in objectively reasonable reliance on binding precedent (Jones) and the good-faith exception bars suppression | Harrison: McNeely and Armer require case-by-case exigency analysis; dissipation of alcohol is not a per se exigency, so draw was unlawful and results must be suppressed | Court: Denied suppression — officer objectively relied on controlling precedent (Jones) so Davis good-faith exception applies |
Key Cases Cited
- Schmerber v. California, 384 U.S. 757 (1966) (warrantless blood draw may be reasonable under exigent circumstances such as risk of evidence dissipation)
- Davis v. United States, 564 U.S. 229 (2011) (evidence obtained in reasonable reliance on binding precedent is not subject to exclusionary rule)
- Missouri v. McNeely, 569 U.S. 141 (2013) (natural dissipation of alcohol is not a per se exigency; exigency determined case-by-case)
- People v. Jones, 214 Ill. 2d 187 (2005) (Illinois precedent interpreting statute to allow warrantless, nonconsensual chemical tests in DUI cases)
- People v. Todd, 59 Ill. 2d 534 (1975) (earlier Illinois decisions addressing admissibility of warrantless blood tests)