WI: After suppression of blood BAC test in hospital, SDT for hospital’s own test reasonable and independent

“After crashing his car, Daniel Van Linn was taken to the hospital, where two blood tests were performed: the first one by the hospital for diagnostic and treatment purposes; a later one at the direction of a sheriff’s deputy for investigative purposes. Both blood tests revealed that Van Linn’s blood-alcohol concentration (BAC) was over the legal limit. The circuit court suppressed the results of the deputy’s blood test, concluding that the deputy’s blood draw violated the Fourth Amendment because the deputy did not have a warrant. The State then subpoenaed the hospital for Van Linn’s medical records, which included the hospital’s diagnostic blood-test results. Van Linn argues that those results should be suppressed under the Fourth Amendment’s exclusionary rule because the State subpoenaed the hospital only after it learned from the deputy’s unlawful blood draw that Van Linn’s BAC was over the legal limit. The issue is whether hospital’s blood-test results are nevertheless admissible under the independent-source doctrine, an exception to the exclusionary rule. We hold that they are, and therefore affirm the court of appeals.” State v. Van Linn, 2022 WI 16, 2022 Wisc. LEXIS 19 (Mar. 24, 2022).

The state’s raising standing for the first time in en banc review was waived as untimely. The prior opinion on this is withdrawn. (Otherwise, a conflict with other Florida appellate courts is certified to the Florida Supreme Court.) State v. Fernandez, 2022 Fla. App. LEXIS 2234 (Fla. 2d DCA Mar. 26, 2022), prior opinion State v. Fernandez, 2021 Fla. App. LEXIS 73 (Fla. 2d DCA Jan. 6, 2021) (finding no standing sua sponte).

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