State v. KruseAnnotate this Case
The Supreme Court affirmed the judgment of the district court affirming Defendant's conviction of driving under the influence with a blood alcohol concentration of .15 or higher, first offense, holding that, assuming a warrant for Defendant's blood draw was invalid, the good faith exception applied and exclusion of the blood evidence was not required.
After a bench trial before the county court, Defendant appealed his conviction to the district court. Defendant argued that the county court erred in overruling his motion to suppress his blood test on the grounds that the affidavit supporting the warrant for the blood draw was insufficient to support a probable cause finding. The district court affirmed. The Supreme Court affirmed, holding (1) even assuming that the warrant was insufficient to support a finding of probable cause, the good faith exception set forth in United States v. Leon, 468 U.S. 897 (1984), applied; and (2) therefore, the district court did not err in affirming Defendant's conviction.