People v. Youn CA2/8

SUMMARY

Defendant Alexander Youn appeals from the denial of his motion to suppress evidence, contending a warrantless draw of his blood violated the Fourth Amendment as construed in Missouri v. McNeely (2013) 569 U.S._ [ 185 L.Ed.2d 696 , 133 S.Ct. 1552 ] (McNeely) and Schmerber v. California (1966) 384 U.S. 757 [ 16 L.Ed.2d 908 , 86 S.Ct. 1826 ] (Schmerber). We do not reach the question whether the totality of the circumstances in defendant’s case justified the warrantless blood draw, because we conclude it was conducted “in objectively reasonable reliance on binding appellate precedent” within the meaning of Davis v. United States (2011) 564 U.S._, _ [ 180 L.Ed.2d 285 , 131 S.Ct. 2419, 2423-2424 ] (Davis), and therefore was not subject to the exclusionary rule. We affirm the order denying the motion to suppress.

FACTS

On October 3, 2011, about 6:30 p.m., defendant was involved in a serious vehicle collision. When Officer Jason Olson arrived at the scene, emergency personnel were loading two patients into ambulances. One of them was defendant. The officer at the scene asked Officer Olson to evaluate defendant for being under the influence. Officer Olson observed that…