State v. Nissley

¶ 40 In my view, the trial court applied the incorrect legal standard in denying the motion to suppress. Although the majority correctly notes there has never been any dispute that the State bears the burden of establishing “the lawfulness in all respects of the acquisition of all evidence which [it] will use at trial,” Ariz. R.Crim. P. 16.2(b), the question remains as to what the State must prove to admit blood evidence obtained pursuant to the “medical purpose” exception to *457the warrant requirement, enumerated within A.R.S. § 28-1388(E). This provision allows law enforcement to obtain and…