State v. Geiss
District Court of Appeal of Florida
1Opinion of the CourtLawson, J.
The State appeals an order suppressing blood test results in a felony DUI case. After the defendant, Gregory Geiss, refused a breath test, police obtained a search warrant to draw a sample of his blood for testing. The trial court suppressed the blood results, concluding that obtaining a blood sample by search warrant violated: (1) Geiss’s constitutional right to privacy, (2) the implied consent statute, and (3) the search warrant statute. We disagree with the first two conclusions but agree that the warrant should not have been issued under Florida’s search warrant statute. However, we also…
Also in this document: Concurrence.
2Cases cited34 opinions
- United States v. LeonSupreme Court of the United States · 1984
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Forsythe v. Longboat Key Beach ErosionSupreme Court of Florida · 1992
- Beeman v. StateCourt of Criminal Appeals of Texas · 2002
- State v. BenderSupreme Court of Florida · 1980
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3Cited by11 opinions
- Williams v. StateDistrict Court of Appeal of Florida · 2015
- State v. Wade F. LilesDistrict Court of Appeal of Florida · 2016
- State v. KleiberDistrict Court of Appeal of Florida · 2015
- Montes-Valeton v. StateDistrict Court of Appeal of Florida · 2014
- State of Iowa v. Colby Davis LaubSupreme Court of Iowa · 2024
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