People v. Fish
Annotate this CaseDefendant, lawfully arrested for driving while under the influence of an alcoholic beverage, moved to suppress evidence alleging: “The collection of blood, breath, or urine constitutes a search and seizure within the meaning of the Fourth Amendment and must be done pursuant to accepted medical practices.” At a hearing, the only witness was the arresting officer, Ramos. He testified that, after defendant refused to submit to a breath or blood test, a blood draw was performed pursuant to a search warrant. The form DUI search warrant used by the Ventura Superior Court mirrors Penal Code section 1524(a)(13), which provides that a blood “‘sample will be drawn from the person in a reasonable, medically approved manner.’” Ramos testified that the blood was drawn in his presence at a hospital. The trial court suppressed the blood-test results. It explained that, although “[t]he defense pled in their moving papers that acceptable medical practices must be followed[,] . . . [n]o evidence was adduced as to that fact.” The appellate division reversed. The court of appeal agreed, holding that, where the circumstances of the blood draw are typical and routine, i.e., not peculiarly within the knowledge of the People, the burden of proof is on the defendant.
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