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Supreme Court of Colorado· 4/17/2017

People v. Hyde

Citations

  • 2017 CO 24
  • 393 P.3d 962
  • 2017 WL 1377081

Syllabus

Searches and Seizures—Warrantless Blood Draw— Consent to Search. In this interlocutory appeal, the Supreme Court considered whether a warrantless blood draw conducted on an unconscious driver pursuant to Colorado's Expressed Consent Statute, CRS § 42-4-1301.1, violates the Fourth Amendment's prohibition on unreasonable searches. The Court explained that by driving in Colorado, the driver consented to the terms of the statute, including its requirement that \[a]ny person who is dead or unconscious shall be tested to determine the alcohol or drug content of the person's blood.\ The Court concluded that the driver's prior statutory consent satisfied the consent exception to the warrant requirement under the Fourth Amendment therefore, the blood draw conducted in this case was constitutional. Consequently, the Court reversed the trial court's order suppressing the blood-draw evidence.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • “[T]he [Birchfield] Court considered laws that impose criminal penalties on a driver’s refusal to be going a step too far.”
  • \Hyde's statutory consent also satisfied the consent exception to the Fourth Amendment warrant requirement. This conclusion flows from recent Supreme Court precedent.\
  • “[T]he [Birchfield] Court considered laws that impose criminal penalties on a driver's refusal to be going a step too far.”
  • \Hyde's statutory consent also satisfied the consent exception to the Fourth Amendment warrant requirement. This conclusion flows from recent Supreme Court precedent.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Hood, Eid, Rice, Coats

Read full opinion on CourtListener

Cited by

30 cases in this archive cite this case; the 20 most cited are listed.

Cites

24 cases in this archive are cited by this case; the 20 most cited are listed.

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Sourced from CourtListener / Free Law Project (CC0).

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