People v. Jones
231 Cal. App. 4th 1257
| Cal. Ct. App. | 2014Background
- Jones was arrested for DUI causing bodily injury after a blood sample was drawn at 1:10 a.m. over his objection and without a warrant.
- Jones admitted to being on active probation with a search-and-seizure condition; records later confirmed PRCS supervision with a search term.
- The McNeely decision (2013) held that a natural dissipation of alcohol is not an automatic exigency justifying a warrantless blood draw; it was issued after Jones’s arrest.
- The trial court denied Jones’s motion to suppress; no case-specific exigent circumstances were found.
- The court held McNeely does not retroactively apply to preexisting cases, and that PRCS conditions permit warrantless searches and blood draws, affirming the denial of suppression.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does McNeely apply retroactively to suppress the blood draw? | Jones's position: McNeely requires suppression. | Jones's position: McNeely controls; retroactive effect applies. | McNeely does not apply retroactively; suppression denied. |
| Does the postrelease community supervision (PRCS) search condition authorize a warrantless blood draw? | People contend PRCS permits searches including blood draws. | Jones argues PRCS cannot authorize such bodily intrusions without more. | PRCS search condition provides independent basis to permit the blood draw. |
Key Cases Cited
- Missouri v. McNeely, 133 S. Ct. 1552 (U.S. 2013) (rejected per se exigency for warrantless blood tests in DUI cases)
- Schmerber v. California, 384 U.S. 757 (U.S. 1966) (permitted warrantless blood draw under certain conditions due to evanescent alcohol)
- Maryland v. King, 133 S. Ct. 1958 (U.S. 2013) (recognized blood draws as reasonable in certain contexts; compared to buccal swabs)
- Reyes v. Superior Court, 19 Cal.4th 743 (Cal. 1998) (parole/probation search conditions may permit warrantless searches)
- Griffith v. Kentucky, 479 U.S. 314 (U.S. 1987) (retroactivity framework for new rules in criminal prosecutions)
