Commonwealth v. Hlavsa

MONTGOMERY, Judge:

The Commonwealth appeals from the ruling of the Suppression Court that the results of a blood test performed on Mr. Hlavsa, the Appellee, be suppressed.

The issue presented on appeal is whether Mr. Hlavsa was under arrest at the time the blood test was performed, which would have made the blood test a lawful search incident to arrest under the doctrine of Chimel v. California, 395 U.S. 752, 89 S.Ct. 2034, 23 L.Ed.2d 656 (1969).

The blood was taken from Mr. Hlavsa at the direction of a State Police Officer while Mr. Hlavsa was unconscious in the emergency room of a hospital.…