People v. Schaufele
2014 CO 43
| Colo. | 2014Background
- Schaufele was in a morning motor-vehicle crash; blood was drawn at hospital at 8:14 a.m. for alcohol analysis without a warrant.
- Officers did not obtain or pursue a search warrant, and reflect that expedited warrants were available but not sought.
- Blood-alcohol result was .205 g/100 ml, well above the statutory threshold.
- A nurse drew the blood after Officer Beckstrom concluded probable cause; Schaufele was unconscious/sleeping at the time of advisement under express consent laws.
- The trial court suppressed the blood-draw evidence; the People appealed interlocutorily, urging adoption of Chief Justice Roberts's modified per se rule; the court affirmed the suppression and adhered to McNeely’s totality-of-the-circumstances standard.
- The case turns on whether Fourth Amendment exigent circumstances or a warrant exception justified the blood draw in light of McNeely and related Colorado law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Exigent circumstances justify warrantless blood draw? | Schaufele contends totality-of-circumstances supports warrantless draw; Roberts rule undesired. | People urge Roberts's modified per se rule; time to obtain warrant insufficient. | No; court adheres to McNeely totality-of-circumstances; does not adopt Roberts rule. |
| Was the trial court's totality-of-the-circumstances analysis properly applied? | Schaufele argues correct application under Schmerber/McNeely principles. | People assert proper evaluation of exigency and timing; pursuit of expedited warrant possible. | Yes; trial court properly applied totality-of-circumstances and suppression was correct. |
Key Cases Cited
- Missouri v. McNeely, 133 S. Ct. 1552 (U.S. 2013) (totality-of-the-circumstances approach to exigent blood draws)
- Schmerber v. California, 384 U.S. 757 (U.S. 1966) (warrant requirement generally applies to blood draws; exigency must be case-specific)
- People v. Smith, 254 P.3d 1158 (Colo. 2011) (Colorado express consent does not override Fourth Amendment protections)
- Sutherland v. People, 683 P.2d 1192 (Colo. 1984) (exigent circumstances necessary to obtain a blood sample)
- Grassi v. People, 320 P.3d 332 (Colo. 2014) (blood draw from unconscious driver subject to Fourth Amendment protections)
- Remedial or related Colorado precedent on exp. warrants, 209 P.3d 1090 (Colo. 2009) (discusses motion for reconsideration and appellate review nuances)