Warrantless Search

Type of warrantless search and arrest: Exigent Circumstances
Laura Blank of Alaska hit Pennye McDowell as she was walking on a residential street. Laura did not stop once the accident occurred. Prior to the incident Laura had drank 2 beers and was driving home with her two daughters. Her husband Greg had arrived to the scene once the investigation began and told Officer Tyler that his wife may have been involved in the accident. Officer Tyler along with two other officers followed Greg back to his residence to question his wife.
Without attempting to obtain a search warrant Officer Tyler asked Laura to take a preliminary breath test. She agreed to the breath test which registered at 0.82%.Laura then agreed to accompany Officer Tyler to a nearby hospital to take a blood.(Never once was she arrested) Once they arrived to the hospital she refused consent at the hospital.
Although Laura verbally acknowledged the request, and it is not clear that she actually heard it, she submitted to the test without hesitation or complaint. The superior court held that Blank's acquiescence to Trooper Tyler's request did not satisfy the consent exception to the warrant requirement because she did not make "a voluntary, knowing, and intelligent choice to submit to the test. Unfortunately the court of appeals did not address the issue. Laura was then indicted December 1994 for Manslaughter and leaving the scene. The superior court denied Laura motion to suppress the evidence of the initial breath test however, the court stated the test was authorized. (State Vs Blank)
CC,LB
(2004). State V Blank. Retrieved from http://www.duidefenders.net/DuiCaseLawDetail37.htm