United States v. Phillip Berry

WELLFORD, Circuit Judge.

Defendant, Phillip Berry, was convicted of driving under the influence of alcohol while driving on the Natchez Trace Parkway in Tennessee. He claims that blood test results obtained at the direction of a federal park officer while he was unconscious should have been excluded from evidence because applicable state law would exclude this evidence. Alternatively, he argues that the evidence was obtained in violation of the fourth amendment. The magistrate and district court rejected both arguments. We affirm.

Berry was convicted of operating a motor vehicle on federal…