State v. Dennis John Halseth

EISMANN, Justice.

This is an appeal out of Kootenai County from an order granting a motion to suppress the results of a warrantless blood draw from a driver suspected of driving under the influence of alcohol on the ground that an implied consent statute is not an exception to the warrant requirement announced in Missouri v. McNeely, 569 U.S. -, 133 S.Ct. 1552, 185 L.Ed.2d 696 (2013). We affirm the granting of the motion to suppress.

I

Factual Background.

On November 5, 2012, a Post Falls police officer was searching for a gray truck with stolen Washington license plates. He located and began to…