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03/24/76 PEOPLE v. MORSE

March 24, 1976

PEOPLE
v.
MORSE



Appeal from Oakland, James S. Thorburn, J.

Leave to appeal applied for.

D. E. Holbrook, Jr., P. J., and D. E. Holbrook and T. M. Burns, JJ. D. E. Holbrook, Jr., J., concurred. T. M. Burns, J. (dissenting).

SYLLABUS BY THE COURT

Opinion of the Court

1. -- Searches and Seizures -- Blood Alcohol Tests -- Statutes -- Implied Consent -- Search Without Warrant -- Evidence.

The implied consent embodied in the statutes prescribing blood alcohol tests for offenses involving drinking and driving does not apply in a case where a blood sample is taken from an unconscious person prior to his arrest and without his consent, but the results of such a search without a warrant are nevertheless admissible in evidence against a defendant where the police officer ordering the test had probable cause to believe that a crime had been committed, that evidence of that crime could be found in the defendant's blood stream, and that an immediate search was necessary to prevent the loss of that evidence (MCLA 257.625a; MSA 9.2325[1], MCLA 257.625c; MSA 9.2325[3]).

2. Constitutional Law -- Search Without Warrant -- Blood Samples -- Exigent Circumstances -- Reasonable Conduct.

A nonconsensual seizure of a blood sample from a defendant without a warrant is not violative of the Fourth or Fourteenth Amendments to the United States Constitution where there are exigent circumstances and where the seizure is conducted in a reasonable manner.

Dissent by T. M. Burns, J.

3. Constitutional Law -- Searches and Seizures -- Blood Analysis -- Unconscious Person -- Fair Treatment -- Evidence.

The taking of blood for purposes of analysis from the person of one who is unconscious at the time constitutes a violation of the concept underlying the Bill of Rights that each individual has the natural right to be treated by the state with decency, respect and fairness; evidence based on such an analysis should not be admitted.

The opinion of the court was delivered by: Holbrook

Harold J. Morse was charged with manslaughter. Defendant moved to suppress the results of a blood alcohol test from evidence. Motion denied. Defendant appeals by leave granted.

Defendant appeals by leave granted from an order of the court below denying his motion to ...


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