People v. Sloan

This is an interlocutory appeal. Defendant appeals by leave granted a Recorder’s Court order denying his motion to suppress blood test results. We reverse.

On March 13, 1993, defendant was involved in an automobile accident that resulted in a fatality. Defendant and his passenger were injured and taken to the hospital. While at the hospital, a blood sample was drawn from defendant pursuant to a search warrant. The affidavit on which the warrant was based stated in pertinent part:

On 3-13-93 on or about 11:40 p.m. (2340 hrs) Robert Leonard Sloan operating a vehicle in the City of Southgate in…