State v. Moore

The Supreme Court affirmed Defendant’s conviction for driving under the influence (DUI), holding that the district court did not err by denying Defendant’s motion to suppress blood test results obtained by a search warrant because Defendant’s due process were not violated.Defendant moved to suppress blood tests obtained pursuant to a telephone search warrant, asserting a violation of due process by the officer’s failure to advise Defendant of his right to an independent blood draw. The district court denied the motion. The Supreme Court affirmed, holding that, under the circumstances of this case, including that the advisory’s reading was impeded by Defendant, there was no fundamental unfairness, and the circumstances fell short of a denial of due process. View "State v. Moore" on Justia Law