People v. Ackerman

2015 CO 27, 346 P.3d 61, 2015 WL 1812835
CourtSupreme Court of Colorado
DecidedApril 20, 2015
DocketSupreme Court Case 14SA358
StatusPublished
Cited by6 cases

This text of 2015 CO 27 (People v. Ackerman) is published on Counsel Stack Legal Research, covering Supreme Court of Colorado primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Ackerman, 2015 CO 27, 346 P.3d 61, 2015 WL 1812835 (Colo. 2015).

Opinion

JUSTICE BOATRIGHT

delivered the Opinion of the Court.

T 1 In this interlocutory appeal pursuant to C.A.R. 4.1, the People seek review of the trial court's order suppressing the results of a *63 blood draw taken from the Defendant-Appel-lee, Travis Brandt Ackerman. At the suppression hearing, the trial court found that a warrant was required before the police could order a blood draw and that the police lacked exigent cireumstances that would justify the involuntary, warrantless blood draw under the Fourth Amendment. 'The People appealed on the sole issue of whether the facts of this case constituted exigent cireumstances. We hold that exigent cireumstances existed where the police were still investigating the scene of the crime and were not finished preparing the affidavit for a warrant when they learned that hospital personnel were taking the unconscious and injured defendant for medical procedures that could alter his blood-aleohol content. Under the totality of the cireumstances, these exigent circumstances made it impractical for the police to obtain a search warrant and justified the blood draw. Accordingly, we reverse the trial court's suppression order and remand the case to that court for further proceedings consistent with this opinion. _

I. Facts and Procedural History

T2 At around 1 am. on November 18, 2018, an off-duty Colorado State University police officer who lived in the Dry Creek neighborhood of Fort Collins called the police to report a noise complaint. He told the police that a man and a woman were riding around on an all-terrain vehicle (ATV) and that alcohol was involved. He said that the man was driving the ATV. Officer Braun arrived on the scene and attempted to make contact with the ATV. Upon noticing the officer, the driver of the ATV sped off in another direction. The vehicle hit a roundabout, rolled, and ejected the driver and passenger. Both the man, who was identified as Ackerman, and the woman sustained serious injuries. Ackerman was transported to the Medical Center of the Rockies, while the woman, went to Poudre Valley Hospital.

{ 3 Officer Tower, who is the supervisor of the traffic unit and coordinates the Collision Reconstruction and Scene Handling (CRASH) team, was notified about the accident around 1:30 am. He asked Sergeant Clow, who was already at the seene, for his assessment and learned that Ackerman and the woman were seriously injured and transported to different hospitals. Officer Tower then directed an officer to go to each hospital. Officer Nace went to Poudre Valley Hospital, where the woman was pronounced dead on arrival. Officer Beaumont traveled to the Medical Center of the Rockies to "monitor [Ackerman's] situation."

14 Because the accident resulted in serious bodily injury and death, and included the driver eluding an officer, Officer Tower enacted "critical-incident protocol." The protocol dictated that the police perform both criminal and internal investigations. The internal investigation required performing interviews to ensure no police wrongdoing.

T5 Officer Tower arrived on the scene around 2:20 am. and received a "walk-through" from Sergeant Clow. He testified that he then explained the situation to Officer Jurkofsky, who arrived soon after, and requested that Officer Jurkofsky gather information and begin writing an affidavit for a warrant to order blood drawn from Acker-man. While Officer Jurkofsky gathered information, Officer Beaumont called from the hospital and informed the investigators at the scene that Ackerman was unconscious and was in preparation for a computerized axial tomography (CAT) sean and "possibly surgery." After discussing the status of the investigation and the possibility of obtaining a warrant, Officer Tower determined that he could not get a warrant before Ackerman became unavailable. As a result, he ordered Officer Beaumont to obtain a blood draw, which hospital personnel performed around 3:80 a.m.

T6 After the first blood draw, Officer Jur-kofsky continued to gather information to complete the affidavit for the warrant, which the police submitted to a magistrate via an electronic, expedited warrant system. A magistrate signed the warrant at 4:87 a.m., which authorized two additional blood draws to be carried out so that the three total blood draws were each an hour apart. Ackerman, though, was in surgery at the time, which delayed the blood draws. The two additional blood draws were not performed until 5:18 and 6:25 a.m.

*64 T7 Following the police's investigation, the People charged Ackerman with vehicular homicide, vehicular eluding involving death, driving under the influence, driving under the influence per se, and reckless driving. Ackerman pleaded not guilty on all tounts and moved to suppress the results from the three blood draws. 1

18 At the suppression hearing, the trial court found that the police had probable cause to proceed with the first blood draw. It noted that there was aleohol involved in a fatal accident, that Ackerman was the driver of the ATV, and that a blood test would produce evidence of Ackerman's intoxication level. Nevertheless, the trial court found that no exigent cireumstances existed that made obtaining a warrant impractical. It reasoned that Officer Tower had "sufficient time to get a warrant" through the expedited warrant system because there were approximately two hours between the accident and the first blood draw and an hour between the officer's arrival on the scene and the first blood draw. It stated that the police's failure to obtain this warrant was due to "a breakdown in procedures" and "didn't really have anything to do with the surgery." Thus, the court granted the motion to suppress the results from the first blood draw. As to the second and third blood draws, the trial court, after reviewing the affidavit for probable cause for a search warrant, found that the totality of the cireumstances supported a finding of probable cause that Ack-erman committed a crime and denied the motion to suppress the results from those blood draws.

9 In response, the People filed this interlocutory appeal 2 and argue that the trial court erred in finding that the police lacked exigent circumstances that would justify an involuntary, warrantless blood draw.

II. Standard of Review

110 A trial court's suppression order presents a mixed question of law and fact. See People v. Munoz-Gutierrez, 2015 CO 9, ¶ 14, 342 P.3d 439, 443. In our review, "[wle defer to the trial court's factual findings that are supported by competent evidence but review the legal effect of those facts de novo." Id. When constitutional rights, such as the Fourth Amendment right to protection from unreasonable searches and seizures, are implicated, we examine the trial court's legal conclusions under the totality of the cireumstances. People v. Syrie, 101 P.3d 219, 222 (Colo.2004). The trial court's legal conclusions are subject to reversal if the court applied an erroneous legal standard or if its factual findings did not support its conclusions of constitutional law. Id.

III. Analysis

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Cite This Page — Counsel Stack

Bluebook (online)
2015 CO 27, 346 P.3d 61, 2015 WL 1812835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-ackerman-colo-2015.