Harris

I.

INTRODUCTION

In Missouri v. McNeely (2013) 569 U.S._[ 185 L.Ed.2d 696 , 133 S.Ct. 1552 ] (McNeely), the United States Supreme Court held that, before the police may conduct a nonconsensual blood test of a motorist who is arrested on suspicion of driving under the influence (DUI) of alcohol, the police must either obtain a warrant from a detached magistrate or later show that exigent circumstances prevented them from timely obtaining a warrant. ( 569 U.S. at p. _ [ 133 S.Ct. at p. 1563 ].) The high court also held that the natural dissipation of alcohol in a driver’s bloodstream does not create exigent circumstances in every case, and that the government must show on a case-by-case basis that a warrantless blood draw was reasonable under the Fourth Amendment to the United States Constitution. (569 U.S. at pp._, _[133 S.Ct. at pp. 1563, 1568].)

In this case, defendant and appellant Anthony A. Harris appealed from the denial of his motion to suppress evidence obtained during a blood test taken after he was arrested on suspicion of DUI. The superior court appellate division affirmed the order denying defendant’s motion to suppress. The appellate division did not address…