United States v. Edward P. Sewar

The United States appeals from an order granting Sewar’s motion to suppress certain evidence. The appeal is permitted by 18- U.S.C. § 3731. We reverse.

Sewar has been indicted in two counts charging manslaughter and felony drunk driving committed on a government reservation. (See 18 U.S.C. §§ 13 , 1112 and Cal. Vehicle Code § 23101 ). The case arises from a two car collision occurring on Beale Air Force Base. Sewar drove one of the ears; one occupant of the other car was killed and another was injured. Sewar, too, was injured and was taken to the base hospital. There, blood was taken from his body. Several days later, an officer ordered that this blood be subjected to a blood alcohol test. A technician at the hospital performed two tests which showed, respectively, readings of .286% and .265%. Under California law one is presumed to have been intoxicated if the test shows .10% or more. Some time later, the technician, finding that his refrigerator was full, and not realizing that the sample should be preserved, threw it out, along with others. On the basis of these facts, the trial judge suppressed all evidence relating to the tests. Thus, the government will not be able to…