State v. Palmer

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The Supreme Judicial Court affirmed the judgment of the trial court convicting Defendant of aggravated operating under the influence and aggravated assault, holding that the court did not err in denying Defendant’s motion to suppress evidence of his alcohol level determined from a sample of Defendant’s blood that was seized without a warrant.Specifically, the Court held (1) probable cause existed for a law enforcement officer to obtain a sample of Defendant’s blood in the context of an operating under the influence investigation, and (2) exigent circumstances justified the warrantless blood draw because Defendant was about to go into surgery where he would not be available for a blood draw as part of the State’s investigation and his body would further metabolize any alcohol that might be in his blood. View "State v. Palmer" on Justia Law