State v. Padgett
Decision Date | 18 November 2014 |
Docket Number | No. A14A1002.,A14A1002. |
Citation | 766 S.E.2d 143,329 Ga.App. 747 |
Parties | The STATE v. PADGETT. |
Court | Georgia Court of Appeals |
Nina Markette Baker, Sol.-Gen., Julian A. Mack, Asst. Sol.-Gen., for appellant.
Brown & Associates, Ronald Jeffrey Ellington, for appellee.
The State appeals from the grant of a motion to suppress filed by James Daniel Padgett after he was indicted for allegedly driving under the influence of alcohol (“DUI”).1 The State contends that the trial court erred by excluding the results of a blood test performed by a hospital because the chemical analysis of the blood failed to comply with OCGA § 40–6–392(a)(1)(A). For the reasons that follow, we affirm.
To the extent that “the evidence at a suppression hearing is uncontroverted and the credibility of witnesses is not in question, we conduct a de novo review of the trial court's application of the law to the undisputed facts.”3
For purposes of the motion to suppress, the parties do not dispute that an ambulance took Padgett to a hospital for medical treatment after an officer responded to the scene of his motorcycle wreck. Once the officer arrived at the hospital, based on his observations of Padgett at the scene, including an alco-sensor test, the officer administered an implied consent warning and requested that Padgett submit to a blood test, and Padgett consented. At the officer's direction, Padgett's blood was drawn by a registered nurse at the hospital, but the officer did not retain the sample for testing or request that it be sent to the State crime lab. Instead, the blood sample was tested by the hospital, and the result was entered into Padgett's medical record. Thereafter, the officer obtained a search warrant for Padgett's medical record, and Padgett moved to suppress the result of the blood test.
The trial court received letter briefs on the admissibility of the test result, and after initially denying Padgett's motion, the court convened two rehearings to address a factual discrepancy that had arisen.4 With the facts clarified, the State conceded that the hospital's analysis of Padgett's blood sample did not comply with the requirements of OCGA § 40–6–392(a)(1)(A), but the State argued that the test was otherwise admissible. The trial court granted the motion to suppress, giving rise to this appeal by the State.
1. The trial court based its ruling on OCGA § 40–6–392(a), which provides as follows, in relevant part:
...
In Perano v. State,5 the Supreme Court of Georgia explained the purpose of the statute: “This [C]ode section provides for the procedures to be used where the [S]tate administers the test.”6 Thus, if a State-administered test complies with the statutory requirements in OCGA § 40–6–392(a), the test results “shall be admissible,”7 and conversely, if the State-administered test does not comply with the statute, it is inadmissible.8 The question in this case is whether these statutory requirements apply to a blood test requested by a law enforcement officer but analyzed by a hospital. We conclude that they do.
Georgia cases have consistently characterized tests requested by an officer as “State-administered.” For example, in Oldham v. State,9 this Court explained that 10 On the other hand, the Court explained, some other situations present a scenario where a blood test is not done at the direction of a law enforcement officer (such as during medical treatment), and “[t]hose tests are not subject to the dictates of OCGA § 40–6–392 [, so] the party seeking to admit the test results must satisfy the court that the results are admissible pursuant to the rules of evidence.”11
Here, it is undisputed that the blood analysis at issue was performed at the request of a law enforcement officer for the purpose of a DUI investigation pursuant to consent gained after an implied consent warning. Thus, the test was State-administered for purposes of OCGA § 40–6–392(a), and the State had the burden of showing that it met the statutory requirements, which it concedes it could not do.12
2. The State also contends that even if the test did not comply with statutory requirements, it was otherwise admissible through the inevitable discovery doctrine because the officer later obtained a warrant for Padgett's medical record, which contained the test result.
[T]he ... inevitable discovery doctrine allows admission of evidence that was discovered as a result of police error or misconduct if the State establishes by a preponderance of the evidence that the information ultimately or inevitably would have been discovered by lawful means, without reference to the police error or misconduct.13
Here, we discern no intentional misconduct on the part of the police, but it remains true that the blood test at issue did not meet the statutory requirements, so this constituted police error. Even...
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Hynes v. State, A17A0633
...is admissible; conversely, a State-administered test that does not comply with the statute is inadmissible. See State v. Padgett, 329 Ga.App. 747, 750 (1), 766 S.E.2d 143 (2014).3 United States Supreme Court opinions "have referred approvingly to the general concept of implied-consent laws ......
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Jackson v. State
...and conversely, if the State-administered test does not comply with the statute, it is inadmissible." State v. Padgett , 329 Ga.App. 747, 750 (1), 766 S.E.2d 143 (2014).In this case, Jackson presented no evidence showing that the State-administered blood test for drugs did not comply with t......