Blood draw evidence should have been suppressed because the order obtaining it was based on no showing of probable cause or even reasonable suspicion. Second degree murder conviction reversed. State v. Scott, 2020 N.C. App. LEXIS 69 (Jan. 21, 2020):
Under N.C. Gen. Stat. § 8-53, the only evidence tending to show Defendant was impaired by intoxication was the results of Defendant’s blood draws, which were conducted at the SBI laboratory more than a week after the blood had been drawn at the Hospital. Defendant’s motion to suppress should have been sustained and the blood test results should have been excluded. Defendant’s second-degree murder conviction cannot be supported on a theory of intoxication to provide the required element of malice. Because we reach this conclusion that the admission of the test results of Defendant’s blood was error, we do not need to address Defendant’s remaining arguments related to the denial of the motion to suppress the results of the blood evidence.