United States v. Robert James Snyder

Caution
852 F.2d 471·1988 WL 74550·1988 U.S. App. LEXIS 9955
United States Court of Appeals for the Ninth CircuitJuly 22, 198887-1321California1,943 words

Opinion

Opinion

Kozinski, J.

We consider first whether the district court’s denial of appellant’s motion to suppress the results of a warrantless, noncon-sensual blood-alcohol test violated appellant’s fourth amendment rights, and second whether the district court had the authority to suspend appellant’s state driver’s license.

Facts

On May 24, 1987, federal agents arrested appellant Robert Snyder at the Presidio in San Francisco, California, after the automobile he was driving struck and injured a military police officer. Detecting a strong odor of alcohol on Snyder’s breath, the arresting officers took him to the Central Emergency Hospital, where a blood sample was drawn without his consent. Two days later, a blood test performed on the sample revealed a blood-alcohol content of 0.17%, well in excess of the legal limit under California law.

Snyder was charged in federal district court with driving while under the influence of alcohol resulting in bodily injury to another, in violation of Cal.Veh. Code § 23153(a) (West 1985) as incorporated into federal law by the Assimilative Crimes Act, 18 U.S.C. § 13 (1982). After his motion to suppress the results of the blood-alcohol test was denied, Snyder entered a…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.