MN: Likelihood defendant would be flown to trauma center was exigency for warrantless blood draw

The seriousness of defendant’s injuries made his DUI blood draw exigent. It was likely he would be flown by helicopter to a trauma hospital shortly. State v. Stavish, 2015 Minn. LEXIS 470 (August 19, 2015):

Additionally, Stavish sustained serious injuries that necessitated emergency medical treatment at a hospital and potentially required that he be transported by helicopter to another hospital. Stavish’s medical condition and need for treatment rendered his future availability for a blood draw uncertain. Sergeant Martens did not know how long Stavish was likely to remain at the same hospital or whether further medical care would preclude obtaining a sample even if Stavish stayed at the same hospital. Consequently, it was objectively reasonable for Sergeant Martens to conclude that he was faced with an emergency in which the delay necessary to obtain a warrant threatened the destruction of evidence.3 See Schmerber, 384 U.S. at 770.