CO: Unconscious def’s impending treatment at hospital was exigency for warrantless blood draw

“In this interlocutory appeal, the People seek review of the trial court’s order suppressing the results of a blood draw taken from the defendant. The trial court found that a warrant was required before the police could order a blood draw and that the police lacked exigent circumstances that would justify the involuntary, warrantless blood draw under the Fourth Amendment. The People appealed on the sole issue of whether the facts of this case constituted exigent circumstances. The supreme court holds that exigent circumstances existed where the police were still investigating the scene of the crime and were not finished preparing the affidavit for a warrant when they learned that hospital personnel were taking the unconscious and injured defendant for medical procedures that could alter his blood-alcohol content. Under the totality of the circumstances, these exigent circumstances made it impractical for the police to obtain a search warrant and justified the blood draw. Accordingly, the supreme court reverses the trial court’s suppression order and remands the matter to the trial court.” [Syllabus by the court] People v. Ackerman, 2015 CO 27, 2015 Colo. LEXIS 312 (April 20, 2015).