Donovan v. State

District Court of Appeal of Florida

Donovan v. State

488 So. 2d 635, 11 Fla. L. Weekly 1129, 1986 Fla. App. LEXIS 7836

CourtDistrict Court of Appeal of Florida

DecidedMay 14, 1986

DocketNo. 85-1286

StatusPublished

This text of 488 So. 2d 635 (Donovan v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Donovan v. State, 488 So. 2d 635, 11 Fla. L. Weekly 1129, 1986 Fla. App. LEXIS 7836 (Fla. Ct. App. 1986).

Pincite

Opinion

PER CURIAM.

By appeal from judgments of conviction for operating a motorboat under the influence of alcohol and attempted resisting arrest, the appellant claims error in the trial court’s refusal to suppress the results of two (2) blood alcohol tests administered without his consent and by the use of force. We affirm.

In State v. Rafferty, 405 So.2d 1004 (Fla. 4th DCA 1981) this court reversed a trial court’s suppression of alcohol tests administered without consent, on the authority of Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966). By special concurrence, Judge Downey noted:

Under the facts of this case the police were entitled to have a blood sample taken, and tested for controlled substances, whether appellee consented or not (and even if he had objected to the taking).

Id. at 1005. The same observation applies to this case. In addition, we find no error in the trial court’s conclusion that the amount of force used by the police to secure a blood sample was reasonable. Cf § 316.1933, Fla.Stat. (1983). We have considered the other issues raised in light of the record and find no reversible error. Accordingly, the judgments are affirmed.

DOWNEY, ANSTEAD, and GUNTHER, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI