State v. Johnson

Defendant was charged with driving under the influence of intoxicants. The state appeals a trial court order suppressing evidence of blood test results. No question was raised by defendant in the trial court regarding the voluntariness of his consent to the withdrawal of his blood. The issue is whether a warrant was required to test the blood. We conclude that no warrant was required, and we reverse and remand.

Deputy Sheriff Bailey investigated an automobile accident. He learned that the driver had been taken to the hospital. Bailey went to the hospital where he met defendant, who…