State v. Don Jacob Havatone

JUSTICE BOLICK,

opinion of the Court:

¶ 1 This case considers the constitutionality of A.R.S. § 28-1321(C), the “unconscious clause,” which allows law enforcement officials to make or direct nonconsensual blood draws from unconscious DUI suspects. We hold that the provision is unconstitutional as applied to the facts of this case.

¶2 We also consider whether the good-faith exception to the exclusionary rule applies here. Following a collision after which defendant was airlifted to Nevada, a blood draw was taken at the request of Arizona law enforcement officials, raising the question, unresolved…