State v. Buchanon

The state appeals an order suppressing a blood alcohol test in a DUI manslaughter case. The test was requested by a sheriff’s deputy after the defendant’s treating physician told the deputy that the defendant had been drinking. The trial court suppressed this evidence as a violation of section 395.017, Florida Statutes (1989). Because the evidence was not obtained in violation of the fourth amendment or its counterpart, article I, section 12, of the Florida Constitution, I would reverse the suppression order.

On January 15, 1991, Starla Buchanon was driving east on Interstate 4 in eastern…