CO: Def doesn’t get a jury instruction in a DUI case that the officer could have sought a SW for blood

In a DUI case, defendant was not entitled to a jury instruction that the officer could have sought a search warrant for a blood draw. That’s not a jury question. People v. Gwinn, 2018 COA 130, 2018 Colo. App. LEXIS 1242 (Sep. 6, 2018).

The factual statement for the search warrant covered two months up to five days before the warrant issues. Possession of a firearm in the home was mentioned, and, because firearms are commonly kept, the warrant wasn’t stale. United States v. Hudson, 2018 U.S. Dist. LEXIS 151738 (E.D. Mich. Sep. 6, 2018).*

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