State of Iowa v. Brian De Arrie McGee

Summary

The Iowa Supreme Court considered whether a warrantless blood draw from an unconscious or incapacitated driver complied with Iowa Code section 321J.7 and the Fourth Amendment and article I, section 8 of the Iowa Constitution. The court held that the statutory requirements were satisfied and that the rule from Mitchell v. Wisconsin applies to suspected operating while intoxicated cases involving controlled substances as well as alcohol. Because the parties had not developed a record under the Mitchell standard, the court reversed and remanded for further suppression proceedings.

Holdings

1. A blood draw performed eleven minutes after the required certification complied with Iowa Code section 321J.7 because the brief period during which McGee awoke did not materially establish that he had become capable of consenting to or refusing testing.
2. Mitchell v. Wisconsin applies to cases in which police have probable cause to believe an incapacitated driver committed OWI involving controlled substances, including marijuana, as well as alcohol-related OWI.
3. Article I, section 8 does not require a more protective standard than Mitchell for warrantless blood draws from incapacitated drivers suspected of OWI.
4. Section 321J.7 does not violate the Fourteenth Amendment or article I, section 6 because treating unconscious drivers differently from conscious drivers is rationally related to legitimate governmental interests.

Questions Presented

1. Whether the warrantless blood draw complied with Iowa Code section 321J.7 despite McGee briefly awakening before the draw.
2. Whether Mitchell v. Wisconsin's exigent-circumstances standard for warrantless blood draws from unconscious drivers suspected of alcohol-impaired driving applies to suspected drug-impaired driving.
3. Whether article I, section 8 of the Iowa Constitution provides greater protection than Mitchell against warrantless blood draws from incapacitated drivers.
4. Whether Iowa Code section 321J.7 violates the Equal Protection Clause of the Fourteenth Amendment or article I, section 6 of the Iowa Constitution by treating unconscious and conscious drivers differently.

Disposition

reversed_and_remanded