Cal.1st: McNeely DUI warrant requirement is subject to the Davis good faith exception

The McNeely DUI warrant requirement is subject to the Davis good faith exception. People v. Jones, 2014 Cal. App. LEXIS 1083 (1st Dist. November 26, 2014):

Prior to McNeely, all binding judicial precedent in this state, both at the Supreme Court and intermediate appellate levels, consistently interpreted Schmerber to permit warrantless blood draws incident to a valid arrest and done in a medically approved manner. (See People v Harris (2014) 225 Cal.App.4th Supp. 1, 5 and cases cited therein [“California cases uniformly interpreted Schmerber to mean that no exigency beyond the natural evanescence of intoxicants in the bloodstream, present in every DUI case, was needed to establish an exception to the warrant requirement”].) “[W]hen binding appellate precedent specifically authorizes a particular police practice, well-trained officers will and should use that tool to fulfill their crime-detection and public-safety responsibilities.” (Davis, supra, 131 S.Ct. at p. 2429.) McNeely affords no basis for exclusion of the evidence here, and the motion to suppress was properly denied.