# State v. Geiss

> District Court of Appeal of Florida · July 22, 2011 · 70 So. 3d 642

URL: https://www.frixlaw.com/law-library/cases/9780150

## Case

- **Full name:** STATE of Florida, Appellant, v. Gregory G. GEISS, Appellee
- **Court:** District Court of Appeal of Florida
- **Decided:** July 22, 2011
- **Citations:** 70 So. 3d 642; 2011 Fla. App. LEXIS 11414; 2011 WL 2097694
- **Precedential status:** Published
- **Opinion:** On rehearing
- **Judges:** Cohen, Torpy, Lawson
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9780150

## How later opinions describe it (automated extraction)

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

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9780150. Public record. Not legal advice.