PA Supreme Court: Philadelphia Police May Not Ignore Search Warrant Requirement for DUI Blood Draw Just Because There Has Been an Accident

Zak Goldstein - Philadelphia Criminal Defense Lawyer

The Pennsylvania Supreme Court has decided the case of Commonwealth v. Trahey, finding that the Philadelphia Police Department may not rely on the exigent circumstances exception to the search warrant requirement for a DUI-related blood draw just because there has been a fatal automobile accident. The Court reversed the Superior Court’s holding and ruled that the police must obtain a search warrant where a suspect refuses to consent to a blood draw. The police may not simply claim that they did not have time to do so in every case. 

The Facts of Trahey 

In Trahey, the defendant was charged with homicide by vehicle while DUI. Prosecutors alleged that on September 4, 2015, the Friday before Labor Day, 911 dispatchers received a call that a motorist had hit a bicyclist with a pickup truck in Philadelphia. The accident was reported at 9:15 pm, but Philadelphia Police officers did not arrive on the scene until 10:01 pm because the department places a low priority on responding to motor vehicle accidents.

When the officers arrived, the bicyclist had already been transported to the hospital, and he died shortly thereafter. Bystanders told the officers that the defendant had been driving the pickup truck. The officers spoke with the driver and smelled an odor of alcohol. They also observed that his speech was slow and steady, his eyes were glassy, and his gait was unsteady. Therefore, they arrested him for driving under the influence. 

The officers spent about half an hour at the scene before they left for the Police Detention Unit with the defendant. On the way to the PDU, they were called back to the scene by Accident Investigation Division Officers. One of the AID officers observed that the defendant appeared to be intoxicated and became concerned that more than an hour had already passed since the accident. The officer then sent the defendant to the PDU for a blood test. The officers were concerned about the timing because PA law makes it difficult for prosecutors to pursue DUI cases where the testing does not occur within two hours of the defendant last operating a motor vehicle.

The defendant arrived at the PDU and was questioned by a different AID officer. That officer decided to conduct a blood test instead of a breath test. The officer read the defendant warnings which have since been found to be illegal – specifically, that if the defendant refused to consent, he could face enhanced criminal penalties due to his refusal. After receiving these incorrect warnings, the defendant agreed to the blood test, and a nurse drew his blood at 11:20 pm. 

The Motion to Suppress

Prosecutors charged the defendant with DUI, homicide by vehicle while driving under the influence, homicide by vehicle, and involuntary manslaughter. The defendant moved to suppress the results of the blood draw, arguing that the police violated his rights by telling him that if he did not consent, he would face enhanced criminal penalties due to the refusal. In the recent case of Birchfield v. North Dakota, the United States Supreme Court held that states could not criminalize the refusal to submit to a warrantless blood draw because a blood draw is a significant search. 

The trial court held a hearing on the motion at which the various officers testified as to what happened. The Commonwealth argued both that the defendant voluntarily consented to the blood draw and that exigent circumstances existed which relieved the police of the duty to get a search warrant should the court find that the defendant did not actually consent.

The trial court rejected the Commonwealth’s argument, finding that the defendant did not voluntarily consent to the blood draw because he was coerced into consenting when the officer incorrectly told him that he would face criminal penalties for the mere act of refusing to consent. Further, the court found that exigent circumstances did not exist because the police could have conducted a breath test or obtained a search warrant and that the Philadelphia Police should create procedures under which they can more efficiently obtain search warrants.

The Commonwealth appealed, and the Superior Court reversed, finding that the evidence should be admissible. The defendant appealed to the Pennsylvania Supreme Court, and the Pennsylvania Supreme Court accepted the case.

The Pennsylvania Supreme Court’s Decision

The Pennsylvania Supreme Court reversed the Superior Court and ordered that the blood results should be suppressed. The Supreme Court relied on a number of recent United States Supreme Court decisions in making its ruling. 

First, in Missouri v. McNeely, the United States Supreme Court rejected the government’s argument that the natural dissipation of alcohol in a DUI suspect’s blood always constitutes a per se exigency that obviates the requirement that police obtain a warrant prior to conducting a blood test. The US Supreme Court recognized that technological advances such as cell phones, fax machines, and scanners make it possible for cities and states to set up procedures by which police can quickly obtain a search warrant when necessary. Therefore, a trial court hearing a motion to suppress must look at the specific facts of each case before finding exigent circumstances. 

Second, in Birchfield, the US Supreme Court held that states may not make it illegal to refuse a warrantless blood draw. This means that states cannot make it a stand-alone crime to refuse a blood test where the police have not obtained a search warrant. States also may not impose increased penalties for DUI convictions where there was a refusal to consent to a blood draw. States may, however, continue to punish defendants who refuse a blood test or who refuse to consent to a blood draw after the police have obtained a search warrant. 

Third, in Mitchell v. Wisconsin, the US Supreme Court held that police may almost always take blood from an unconscious motorist who is suspected of an alcohol-related DUI because of the fact that alcohol dissipates relatively quickly and the suspect cannot be given the chance to consent. Additionally, a breath test is not possible because the suspect is unconscious, and accidents which result in people being unconscious are likely to be serious and require more police resources. 

Based on these decisions, the Court ruled that the blood should have been suppressed in this case because the police did not have exigent circumstances for a warrantless blood draw and the defendant had not actually given voluntary consent. The Court found that if the police were worried about alcohol consumption, they could have done a breath test first, evaluated the results, and then decided whether or not to get a warrant for blood. Although exigent circumstances may have existed to do some kind of testing, the police could have quickly done a breath test without any requirement that they get a search warrant. Despite the fact that controlled substances remain in the bloodstream for much longer, they chose to do a blood test instead. If the police wanted to obtain the defendant’s blood, then they were required to either obtain voluntary consent or a search warrant. 

Allowing an exception in this case would undermine the US Supreme Court’s decisions and essentially result in a finding that exigent circumstances apply in every single accident case in Philadelphia and that the Philadelphia Police are never required to obtain a search warrant. Therefore, the Supreme Court reinstated the trial court’s ruling which granted the motion to suppress. The Commonwealth will have to proceed in the case without the results of the blood test. 

Facing criminal charges in Philadelphia? We can help.

Philadelphia Criminal Defense Lawyers

If you are facing criminal charges or under investigation by the police, we can help. We have successfully defended thousands of clients against criminal charges in courts throughout Pennsylvania and New Jersey. We have successfully obtained full acquittals in cases involving charges such as Conspiracy, Aggravated Assault, Rape, DUI, and Murder. Our award-winning Philadelphia criminal defense lawyers offer a free criminal defense strategy session to any potential client. Call 267-225-2545 to speak with an experienced and understanding defense attorney today.