MO: Def’s blood draw while he was unconscious was proper under Mitchell

Defendant was unconscious after a single car accident and he smelled of alcohol. There was probable cause and the blood draw did not violate the Fourth Amendment under Mitchell v. Wisconsin. State v. Gray, 2019 Mo. App. LEXIS 1671 (Oct. 22, 2019).

Defendant’s Franks claim fails. There is probable cause on the face of the affidavit for the search warrant and the suggestion of omitted information does not undermine it. Moreover, defendant doesn’t overcome the presumption that the good faith exception applies. United States v. Jones, 2019 U.S. Dist. LEXIS 182627 (E.D.Wis. Aug. 30, 2019).*

There was probable cause that defendant brandished a weapon outside of his house and that it would be found in defendant’s house. Moreover, the good faith exception applied. United States v. Roldan-Marin, 2019 U.S. Dist. LEXIS 182978 (S.D. Iowa Oct. 1, 2019),*

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