State v. Declerck

Powell, J.;

In this appeal, we confront the question of whether drivers on our state’s highways relinquish their Fourth Amendment rights under Kansas’ implied consent statute. Following a single-vehicle fatality accident and as allowed by statute, an officer directed medical personnel to withdraw blood without a warrant from the driver of the vehicle, Aiyanna Declerck, despite her refusal. After receiving the blood test results, the Shawnee County District Attorney charged Declerck with involuntary manslaughter-DUI, a severity level 4 person felony. Declerck filed two motions to suppress,…