State v. Dowdy
2011 Mo. App. LEXIS 47
Mo. Ct. App.2011Background
- Dowdy charged with second-degree murder, armed criminal action, and unlawful use of a weapon for possessing a firearm while intoxicated.
- Dowdy moved to suppress warrantless breath test results on Fourth Amendment grounds; trial court granted suppression.
- Trial court reasoned no Missouri or U.S. Supreme Court authority approving blood sampling in a non-DWI case incident to arrest or under exigent circumstances.
- At scene, Dowdy was arrested after a fatal shooting; he was transported to jail and tested for blood alcohol at 1:53 a.m. without Miranda warnings or a warrant.
- State appeals the suppression ruling; the appellate court majority reverses and remands; a dissenter would affirm suppression.
- Key statutory and constitutional standards involve consent, searches incident to arrest, and exigent circumstances as Fourth Amendment exceptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Consent to breath test was voluntary? | State argues consent was voluntary under totality of circumstances. | Dowdy contends consent was not freely given and coerced by authority. | Consent not voluntary |
| Search incident to arrest justifies breath test without warrant? | State asserts incident-to-arrest exception permits warrantless breath testing. | Dowdy argues the delay and non-driving context do not fit the exception. | No error in denying search-incident-to-arrest validity |
| Exigent circumstances justify immediate breath testing without warrant? | State argues exigent circumstances existed to preserve evidence. | Dowdy asserts there was two-hour delay and no real exigency; magistrate time available. | Exigent circumstances not present |
Key Cases Cited
- Schmerber v. California, 384 U.S. 757 (U.S. 1966) (blood draws in DUI context; exigency and reasonableness analyzed)
- State v. Ikerman, 698 S.W.2d 902 (Mo. App. E.D. 1985) (blood tests without consent; exigent considerations discussed)
- State v. Setter, 721 S.W.2d 11 (Mo. App. W.D. 1986) (blood testing admissibility in arrest context; driving-related case cited)
- State v. LeRette, 858 S.W.2d 816 (Mo. App. W.D. 1993) (exigent circumstances to test alcohol without warrant in driving context)
- Blydenburg v. David, 413 S.W.2d 284 (Mo. Banc 1967) (breath tests considered reasonable; body intrusions discussed)
- Murphy v. Dir. of Revenue, 170 S.W.3d 507 (Mo. App. W.D. 2005) (civil license revocation; driving context relevance)