Commonwealth v. Ennels

OPINION BY

MOULTON, J.:

The Commonwealth appeals from the October 19, 2016 order entered by the Berks County Court of Common Pleas granting Appellee John Lamonte Ennels’ motion to suppress the results of a war-rantless blood test.1 On appeal, the Commonwealth makes two arguments: (1) that the ban on warrantless blood tests set out in Birchfield v. North Dakota, — U.S. -, 136 S.Ct. 2160, 195 L.Ed.2d 560 (2016), does not apply to those suspected of driving under the influence (“DUI”) of controlled substances, as opposed to alcohol; and (2) that, in any event, Ennels’ consent to the test was not…