State v. Moore

Citations

• 2021 Ohio 1114

Syllabus

The trial court did not err in overruling appellant's motion to suppress the evidence obtained from his blood sample. Although appellant's blood sample was obtained beyond the three-hour time frame set out in the search warrant and in R.C. 4511.19(D)(1)(b), the blood-sample evidence was nevertheless admissible the State established that appellant's blood sample was collected and analyzed in substantial compliance with the administrative requirements of R.C. 4511.19(D), and expert testimony was offered on the matter. In addition, a reasonable reading of the search warrant simply required appellant's blood to be drawn \as soon as possible\ after the automobile accident in question. Based on the trial court's findings of fact, the search warrant was executed in such a manner, as law enforcement officers obtained appellant's blood sample without any undue delay or dilatory tactics. Because the search warrant was lawfully executed, appellant's blood draw did not violate the Fourth Amendment protection against unreasonable searches and seizures. Therefore, the trial court was not required to suppress the evidence obtained from appellant's blood sample. Judgment affirmed.