People v. Benedict CA3

Filed 8/29/14 P. v. Benedict CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C074198

v. (Super. Ct. No. 12F04318)

KAREN ANN BENEDICT,

Defendant and Appellant.

Defendant Karen Ann Benedict appeals her judgment following the trial court’s denial of her motion to suppress evidence obtained as a result of a warrantless blood draw. She contends the blood draw was illegal because it was not obtained incident to an arrest, it was obtained without probable cause, and there was no exigent circumstance to excuse not obtaining a warrant. We reject defendant’s contentions because (1) the lack of an actual arrest does not render the warrantless blood draw illegal if…