Cal.2d & SD: Pre-McNeely warrantless blood draws saved by Davis GFE

A 2011 DWI blood draw that today would violate McNeely is saved by the Davis good faith exception.
People v. Youn, 2014 Cal. App. LEXIS 799 (2d Dist. August 15, 2014), ordered published September 5, 2014.

The pre-McNeely warrantless blood draw of defendant violated the Fourth Amendment, but it is saved by the Davis good faith exception and comes in anyway. State v. Edwards, 2014 SD 63, 2014 S.D. LEXIS 96 (August 20, 2014):

[*P19] Here, Officer Borg arrested and drew Edwards’s blood on March 25, 2013—prior to the United States Supreme Court’s decision in McNeely. At the time of the arrest, Officer Borg was clearly acting in compliance with the law as he understood it at the time, i.e., the rule provided for in Hartman and subsequent cases from this Court was that the dissipation of alcohol in blood was a per se exigent circumstance sufficient by itself to justify conducting a blood test without a warrant. Less than a month later, this per se interpretation would be stricken by the United States Supreme Court in McNeely. See __, id. at 133 S. Ct. at 1568. Officer Borg acted in good faith reliance on binding court precedent at the time of the search and seizure of Edwards’s blood. The good faith exception to the exclusionary rule applies. Accordingly, we affirm the denial of Edwards’s motion to suppress.