Fifth District Court Rules Blood Draw In A Felony DUI Is Admissible Although When Obtained Illegally
The good faith exceptionholds the exclusionaryrule need not be ...More
The good faith exceptionholds the exclusionaryrule need not be appliedwhen the police officerconducting the searchacted in objectivelyreasonable reliance on aninvalid warrant. Thetest for good faith iswhether a reasonablytrained officer wouldhave known the search wasillegal notwithstandingthe magistrate.sauthorization. Applyingthe good faith exception,the 5th District Court ofAppeal reversed andremanded, ruling theblood test results shouldnot have been suppressed. Less
The good faith exception holds the exclusionary rule need not be applied when the police officer conducting the search acted in objectively reasonable reliance on an invalid warrant. The test for good faith is whether a reasonably trained officer would have known the search was illegal notwithstanding the magistrate.s authorization. Applying the good faith exception, the 5th District Court of Appeal reversed and remanded, ruling the blood test results should not have been suppressed.