State v. Moore, 2018 MT 110, 391 Mont. 256

Summary

The Montana Supreme Court affirmed Michael Moore’s conviction for felony driving under the influence after a guilty plea. The court held that, although the arresting officer failed to complete the implied-consent advisory regarding Moore’s right to an independent blood test, the totality of the circumstances did not establish a due process violation warranting suppression of the blood-test results obtained under a search warrant. The court also declined to reach Moore’s challenge to medical records obtained by subpoena.

Holdings

1. Due process requires an arresting officer to inform an accused of the right to obtain an independent blood test regardless of whether the accused consents to the officer-designated test or the State obtains the blood sample through a search warrant.
2. The failure to complete the independent-test advisory did not violate Moore's due process rights under the totality of the circumstances because Moore impeded the advisory, indicated that he would not participate in further testing until consulting counsel, overheard the officer describe the independent-test right during the warrant application, and obtained an independent blood alcohol analysis through the hospital.
3. The blood-test evidence was properly obtained under the search warrant; the court did not reach a separate privacy challenge to the medical records.

Questions Presented

1. Whether due process required the arresting officer to advise Moore of his right to obtain an independent blood test even though the State obtained his blood sample pursuant to a search warrant.
2. Whether the failure to complete the independent-test advisory violated Moore's due process rights under the circumstances of this case.
3. Whether Moore's medical records obtained by investigatory subpoena should be suppressed under the Montana constitutional right to privacy.

Disposition

affirmed