State v. Jenkins

This is an appeal from an order suppressing evidence of blood alcohol test results prior to a trial for negligent homicide by intoxicated use of a motor vehicle. The trial court suppressed the test results as a violation of the search and seizure provisions of the fourth amendment because the defendant was not under arrest at the time the blood was drawn. We reverse the trial court order because the state was not involved in taking the tests and thus there was no search or seizure within the meaning of the fourth amendment.

The doctor-patient privilege does not apply under sec. 905.04(4) (d),…