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Legal Opinion

Speers v. Commonwealth

Kentucky Supreme Court

Decided April 9, 1992No. 91-SC-038-DGPublishedCited by 13 opinions

1Opinion of the Court

SPAIN, Justice.

We granted discretionary review in these consolidated appeals to determine whether paramedics and phlebotomists fall within the class of persons authorized by KRS 189.520(6) to draw blood samples for the purpose of testing to determine the blood alcohol level of a DUI suspect. The second issue to be addressed only in the cases of Speers and Fortney is whether such blood alcohol test results are admissible evidence only if the subject tested has been arrested before the blood sample is taken, and what is encompassed within the term “arrested” as used in KRS 186.565, the “implied…

2Cases cited5 opinions

  1. Schneckloth v. BustamonteSupreme Court of the United States · 1973
  2. Mapp v. OhioSupreme Court of the United States · 1961
  3. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  4. Cupp v. MurphySupreme Court of the United States · 1973
  5. City of Owensboro v. NoffsingerCourt of Appeals of Kentucky (pre-1976) · 1955

3Cited by13 opinions

  1. Combs v. CommonwealthKentucky Supreme Court · 1998
  2. Whitlow v. CommonwealthMissouri Court of Appeals · 2019
  3. Estes v. CommonwealthKentucky Supreme Court · 1997
  4. Commonwealth v. BrownCourt of Appeals of Kentucky · 2018
  5. Olson v. Commissioner of Public SafetyCourt of Appeals of Minnesota · 1994

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