IL: Fatal accident alone not PC for blood draw; no exigency argued either

Just because defendant was involved in a fatal accident where his passenger died, there wasn’t probable cause for a blood draw. The state did not argue exigent circumstances below or on appeal, but that would also require probable cause. People v. Pratt, 2018 IL App (5th) 170427, 2018 Ill. App. LEXIS 973 (Dec. 19, 2018).

The officer here approached defendant’s vehicle parked at a gas station because the radio was too loud. When he got to the car to tell them to turn it down, he could smell marijuana coming from the car. The search was valid. State v. Blanchard, 2018 Iowa App. LEXIS 1135 (Dec. 19, 2018).*