TN: Def’s fighting with officers wasn’t exigency to dispense with SW for blood

Defendant was stopped in Johnson City TN for suspected DUI, and, with the arrest, there was a chase, mace, and a fight. Once defendant was handcuffed, everything was back under control, and that doesn’t constitute sufficient exigent circumstances to dispense with a search warrant. It’s a city with a judge available and there were five officers involved. Defendant’s “irrevocable [implied] consent” for his blood draw in a DUI case wasn’t raised in the trial court, so it’s waived for appeal. State v. Turner, 2014 Tenn. Crim. App. LEXIS 1173 (December 30, 2014).

Defendant defaulted appeal of his certified question about the search of his backpack that was actually searched twice by his father, a police Lieutenant. The certified question was limited to one “search.” State v. Diebold, 2014 Tenn. Crim. App. LEXIS 1171 (December 30, 2014)* [I wonder what Thanksgiving and Christmas were like at home.]

Defendant’s lack of consent argument is dispatched without discussion. Ingram v. State, 2014 Del. LEXIS 613 (December 30, 2014).*