Opinion

State of Minnesota v. Derek Lawrence Stavish

  • 868 N.W.2d 670
  • 2015 Minn. LEXIS 470
Court
Supreme Court of Minnesota
Filed
Aug 19, 2015
Status
Published
Author
Gildea
On the bench
Dietzen, Gildea
Cited by
24 cases
Authority
More cited than 11.7%

concluding that under McNeely's totality-of-the- circumstances approach, the loss of life "does not reduce the quantum of evidence the State must present to prove exigent circumstances"

How later courts described this case

  • concluding that under McNeely's totality-of-the- circumstances approach, the loss of life "does not reduce the quantum of evidence the State must present to prove exigent circumstances"
  • noting that in determining whether exigent circumstances justified a warrantless blood draw, we review the district court’s findings of fact for clear error but review the district court’s “ultimate determination of exigency de novo”
  • noting in a CVO case that prior to Missouri v. McNeely, 133 S. Ct. 1552 (2013), Minnesota law permitted law enforcement to rely on Minn. Stat. § 169A.51, subd. 2, to obtain warrantless, nonconsensual blood draws from CVO suspects
  • the fact of a fatality in a drunk-driving case does not, by itself, create an exigency sufficient to justify a warrantless blood draw

Written by the judges who cited it.

The opinion

GILDEA, Chief Justice

(dissenting).

I respectfully dissent and join Justice Page’s dissent in part. I agree with Justice Page that the State did not meet its burden to prove exigency, and I join in sections I and II of Justice Page’s dissent on the exigency issue except to the extent he discusses State v. Bernard, 859 N.W.2d 762 (Minn.2015).

For the reasons set forth in my separate dissent in State v. Lindquist, 869 N.W.2d 868 , 2015 WL 4928147 (Minn. Aug. 19, 2015), I would not apply the good faith exception in this case.

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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