People v. Schaufele

11 Jack Lee Schaufele was involved in a motor vehicle accident that resulted in injuries to himself and others. One hour and four minutes later, while Schaufele lay unresponsive at the hospital, a police officer told a nurse to draw Schaufele's blood for alcohol analysis. It is undisputed that the officer and her co-workers never considered applying for a search warrant. The People later sought to use evidence from that blood draw in prosecuting Schaufele for vehicular assault, driving under the influence, driving under the influence per se, and careless driving.

T 2 In this interlocutory…