State v. Copeland

PREWITT, Chief Judge.

Defendant is charged with driving a motor vehicle while intoxicated. The state appeals from the trial court’s order sustaining defendant’s motion to suppress. See § 547.200, RSMo Supp.1983. At issue is whether the police’s seizure without a warrant of a sample of defendant’s blood from a hospital was improper under the fourth amendment to the United States Constitution and article I, § 15 of the Missouri Constitution.

A vehicular collision was reported to the Joplin Police Department at approximately 1:30 a.m. on Thursday, January 27, 1983. The traffic officer sent to…