United States v. Daniel G. Chapel

CANBY, Circuit Judge:

We granted en banc review of this case to consider whether to overrule our decision in United States v. Harvey, 701 F.2d 800, 803-04 (9th Cir.1983), which held that the Fourth Amendment requires that authorities arrest a suspect prior to a non-eonsen-sual taking of a sample of the suspect s blood without a warrant. In the case we review, a three-judge panel reversed Daniel Chapel’s conviction for drunken driving in violation of 36 C.F.R. § 4.23(a)(2), after concluding that park rangers violated his Fourth Amendment rights when they seized a blood sample later used in…