AZ: Non-consensual blood draw DUI provision is unconstitutional as applied, but the Davis GFE applies

Non-consensual blood draw DUI provision is unconstitutional as applied, but the Davis good faith exception applies here. Defendant was airlifted to a Nevada hospital for the blood draw. The trial court didn’t make findings on whether Nevada or Arizona law should apply to the blood draw, and the case is remanded for findings on that. State v. Havatone, 2015 Ariz. LEXIS 373 (March 9, 2017) (see Treatise § 9.03 on choice of law considerations under the exclusionary rule).

Defendant was a car transporter with six vehicles stopped for crossing the center line after a ice and snow storm when there was still some ice on the road. The officer asked for consent to search the vehicles on the trailer, and defendant freely consented according to the findings of the trial court. The state conceded he had standing in the cars as a bailee. The stop took a little long, but it was a stop of a regulated truck with log books and bills of lading, and the stop was not unreasonably extended. His argumentativeness contributed to reasonable suspicion. Pokatilov v. State, 2017 Ark. App. 150, 2017 Ark. App. LEXIS 163 (March 8, 2017) (6-3) (see Treatise § 4.10 n.2).

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