State v. FierroAnnotate this Case
Defendant was charged with alternative counts of driving under the influence after being stopped for committing a traffic violation and having blood evidence seized from her without a warrant. Defendant filed a motion to suppress the blood test administration and results. The magistrate court granted the motion to suppress, concluding that the warrantless search conducted under the state’s implied consent statutes was unconstitutional and that the good faith exception to the exclusionary rule was inapplicable. The Supreme Court affirmed, holding (1) the blood draw in this case violated the warrant requirement of the federal constitution and state constitution; and (2) because the evidence was not obtained during a search conducted in “reasonable reliance on binding precedent,” it was not subject to the exclusionary rule.