United States v. Mary Mae Harvey, United States of America v. Wallace Chase

J. BLAINE ANDERSON, Circuit Judge:

In this consolidated appeal, Harvey and Chase contest their convictions for involuntary manslaughter. Both convictions arose from alcohol-related highway accidents on Indian reservations. Each appeal presents the primary and common issue of whether the results of blood alcohol tests should have been suppressed when neither defendant was formally arrested at the time the blood samples were taken. We hold that Appellant Harvey should have been arrested by the authorities prior to the taking of the sample, and we therefore reverse. Appellant Chase, however, was…