People v. Smith

Plaintiff-appellant the People of the State of Colorado ("People") appeal the district court's suppression of the results of tests performed on blood drawn from defendant-appellee Joshua Alex Smith following a car accident. The district court, relying on the court of appeals' decision in People v. Maclaren, 251 P.3d 578 (Colo.App.2010) (selected for official publication), held that the officers failure to ask for Smith's consent prior to having a nurse draw his blood violated Colorado's express consent statute. Upon review, we conclude that the statute does not require police officers to ask…