Pennsylvania v. Myers (majority)Annotate this Case
The Pennsylvania Supreme Court granted allowance of appeal to consider the lawfulness of a warrantless blood draw conducted upon a motorist who, having been arrested for DUI, had then been rendered unconscious by medical personnel before a police officer provided “O’Connell” warnings and before the officer requested the motorist’s submission to a chemical test. The Philadelphia Municipal Court, the Court of Common Pleas, and the Superior Court all held that a blood draw conducted under these circumstances was impermissible, and that the results of the derivative blood test are accordingly inadmissible at trial. Because the seizure of appellee Darrell Myers’ blood violated Pennsylvania’s implied consent statute, 75 Pa.C.S. 1547, and because no other circumstances justified the failure to obtain a search warrant, the Supreme Court affirmed.