People v. Ackerman

Summary

The Colorado Supreme Court reviewed an interlocutory appeal concerning the suppression of blood-draw results obtained from Travis Brandt Ackerman after a fatal ATV accident. The court held that exigent circumstances justified the involuntary, warrantless first blood draw because police were still investigating the accident and learned that medical procedures could alter Ackerman's blood-alcohol content before a warrant could be obtained. The court reversed the suppression order and remanded for further proceedings.

Holdings

1. Exigent circumstances justified the involuntary, warrantless blood draw because police were still investigating the accident and preparing the warrant affidavit when they learned that the unconscious and injured defendant was about to undergo medical procedures that could alter his blood-alcohol content and make him unavailable for testing.
2. Exigent circumstances are determined under a totality-of-the-circumstances inquiry focused on whether obtaining a warrant would be impractical without significantly undermining the efficacy of the search.

Questions Presented

1. Whether exigent circumstances justified the involuntary, warrantless first blood draw under the Fourth Amendment and article II, section 7 of the Colorado Constitution.
2. Whether the trial court erred by concluding that an expedited warrant process and the elapsed time before the draw precluded a finding of exigent circumstances.

Disposition

reversed_and_remanded