People v. McGroder

This case raises the issue of the right of the police to take a blood test from an unconscious defendant. Defendant has moved to suppress the results of the blood test on the grounds that his consent was never given.

The facts are not in dispute. The officer came upon a three-car accident. He opened the door of the defendant’s car (the last of the three) and smelled liquor. The defendant was unconscious and never gained consciousness until some time after the blood test in question was taken. The officer called an ambulance and told the attendants to make sure the defendant was kept at the…