Criminal Law: Blood Draw-Warrantless-Assault Case

Where a defendant found guilty of second-degree assault challenged the trial court’s refusal to suppress evidence and testimony related to a warrantless blood draw, there were no exigent circumstances presented to justify the warrantless search, so the judgment is reversed and remanded for a new trial since the search was also not justified by implied consent laws.

Judgment is reversed and remanded.

State v. Osborn (MLW No. 73097/Case No. WD80959 – 15 pages) (Missouri Court of Appeals, Western District, Gabbert, J.) Appealed from circuit court, Boone County, Harris, J. (Nathan J Aquino, Jefferson City, for respondent) (Carol D. Jansen, Columbia, for appellant).