Opinion

State v. Geiss

  • 70 So. 3d 642
  • 2011 Fla. App. LEXIS 11414
  • 2011 WL 2097694
Court
District Court of Appeal of Florida
Filed
Jul 22, 2011
Status
Published
On the bench
Cohen, Torpy, Lawson
Cited by
11 cases

noting that “blood test results obtained by actual consent, independent of the implied consent statute [section 316.1932], are admissible”

How later courts described this case

  • noting that “blood test results obtained by actual consent, independent of the implied consent statute [section 316.1932], are admissible”
  • “First, Geiss argues that blood is not ‘property’ within the meaning of the statute. We reject this argument, . . . ‘property’ does not exclude those substances that are naturally produced by the human body.”

Written by the judges who cited it.

The opinion

ON MOTION FOR REHEARING AND CERTIFICATION

PER CURIAM.

We deny the State’s motion for rehearing, but grant its motion to certify the following question pursuant to Florida Rule of Appellate Procedure 9.030(a)(2)(A)(v), as one of great public importance:

DOES SECTION 933.02(2)(a), FLORIDA STATUTES, PRECLUDE LAW ENFORCEMENT OFFICERS FROM SECURING A WARRANT FOR A BLOOD DRAW IN MISDEMEANOR CASES INVOLVING AN ALLEGATION THAT A SUSPECT HAS DRIVEN WITH AN UNLAWFUL BLOOD ALCOHOL LEVEL?

REHEARING DENIED; QUESTION CERTIFIED.

LAWSON and COHEN, JJ., concur.

TORPY, J., concurs in part and dissents in part, with opinion.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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