California Court of Appeals, Second District, Eighth Division
APPEAL from an order of the Superior Court for the County of Los Angeles No. SA080515, Katherine Mader, Judge.
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Richard L. Fitzer, under appointment by the Court of Appeal, for Defendant and Appellant.
Kamala D. Harris, Attorney General, Lance E. Winters, Assistant Attorney General, Victoria Wilson and Jessica C. Owen, Deputy Attorneys General, for Plaintiff and Respondent.
Defendant Alexander Youn appeals from the denial of his motion to suppress evidence, contending a warrantless draw of his blood violated the Fourth Amendment as construed in Missouri v. McNeely (2013) 569 U.S. ___ [185 L.Ed.2d 696, 133 S.Ct. 1552] (McNeely) and Schmerber v. California (1966) 384 U.S. 757 [16 L.Ed.2d 908, 86 S.Ct. 1826] (Schmerber). We do not reach the question whether the totality of the circumstances in defendant’s case justified the warrantless blood draw, because we conclude it was conducted “in objectively reasonable reliance on binding appellate precedent” within the meaning of Davis v. United States (2011) 564 U.S. __, __ [180 L.Ed.2d 285, 131 S.Ct. 2419, 2423-2424] (Davis), and therefore was not subject to the exclusionary rule. We affirm the order denying the motion to suppress.
On October 3, 2011, at about 6:30 p.m., defendant was involved in a serious vehicle collision. When Officer Jason Olson arrived at the scene, emergency personnel were loading two patients into ambulances. One of them was defendant. The officer at the scene asked Officer Olson to evaluate defendant
for being under the influence. Officer Olson observed that defendant was strapped to a backboard with full head restraint; was combative, “actively trying to move his arms, fight with the paramedics”; had “rapid unintelligible speech”; and was “in and out of [consciousness].” Officer Olson followed defendant to the hospital, where medical personnel were in the process of intubating him.
Defendant was also combative with the hospital staff, so they began to sedate him. Officer Olson, who was trained (and trained other officers) as a drug recognition expert, concluded defendant was under the influence of a drug stimulant (not a narcotic or alcohol). He observed the staff administer three or four doses of very potent sedatives, and defendant was “still combative with them.” Officer Olson believed “something had to be going against this highly potent sedative” being administered. Defendant’s agitated state, rapid speech, ...