D.Md.: Failure to get a SW for BAC required suppression here; well established procedures were in place

A stop on a U.S. Park property led to a warrantless blood draw which is suppressed because there was no effort to get a warrant despite a well-known procedure in place to do so. “Further, the government’s argument that the Court prohibited Sergeant Zielinski from seeking a warrant simply is without merit. The Blood Draw Policy applies in all cases where the USPP desire to obtain a warrant for a blood draw, no matter how ordinary or complex. A magistrate judge is available 24 hours a day, 365 days a year to consider a request for a warrant. The USPP maintains the phone numbers for the magistrate judges on file. Each week USPP supervisors receive a copy of the Blood Draw Policy with the name and phone number of the duty AUSA from the court liaison officer. If a USPP officer desires a blood draw warrant, he must first contact the duty AUSA. If the duty AUSA approves the request, the officer may then call the magistrate judge directly. This procedure is simple and unambiguous. Here, Sergeant Zielinski did not even attempt to contact the duty AUSA, although there was no emergency or other exigencies preventing him from doing so. Sergeant Zielinski was aware of the procedure in place to obtain a warrant.” United States v. Jubor, 2019 U.S. Dist. LEXIS 175114 (D. Md. Oct. 9, 2019).