387 P.3d 790
Idaho2016Background
- DUI suspect Daniel Chernobieff was stopped for suspected DUI based on odor of alcohol, glassy eyes, and slow speech.
- He refused field sobriety tests and later refused the breath test after the 15-minute waiting period began.
- Police sought a warrant for a blood draw; prosecutor attempted to contact the on-call magistrate repeatedly but could not reach him.
- Unable to obtain a warrant due to magistrate unavailability, the officer directed a phlebotomist to perform a blood draw under exigent circumstances.
- Blood test showed a BAC of 0.226; defendant moved to suppress the blood results as an unconstitutional warrantless search; the magistrate denied the motion and the district court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether exigent circumstances justified the warrantless blood draw. | Chernobieff argues no exigent circumstances; failure to obtain a warrant requires suppression. | State argues dissipation of alcohol and warrant-delay created exigency; totality of circumstances supports warrantless draw. | Exigent circumstances existed; district court's affirmance affirmed. |
Key Cases Cited
- State v. Wulff, 157 Idaho 416 (2014) (reaffirms that blood tests implicate Fourth Amendment protections)
- Missouri v. McNeely, 569 U.S. 154 (2013) (exigency arises from alcohol dissipation during warrant process delays)
- Poole v. Davis, 153 Idaho 604 (2012) (presumption of proper rulings when challenged evidence is not in record)
- State v. Lute, 150 Idaho 837 (2011) (standard of review for motions to suppress; defer to trial court factual findings)
- In re Doe, 147 Idaho 243 (2009) (direct review framework for appellate consideration)