People v. Perlos

462 N.W.2d 310, 436 Mich. 305
CourtMichigan Supreme Court
DecidedSeptember 25, 1990
DocketDocket Nos. 86432-86436, 86524, (Calendar Nos. 2-3)
StatusPublished
Cited by76 cases

This text of 462 N.W.2d 310 (People v. Perlos) is published on Counsel Stack Legal Research, covering Michigan Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Perlos, 462 N.W.2d 310, 436 Mich. 305 (Mich. 1990).

Opinions

Riley, C.J.

We granted leave to appeal and consolidated these six cases to determine whether MCL 257.625a(9); MSA 9.2325(1)(9) is constitutional, and whether disputed blood test results should be suppressed. Additionally, in People v Perlos (On Rehearing), 177 Mich App 657, 658; 442 [309]*309NW2d 734 (1989), we granted leave to appeal to consider whether the Court of Appeals correctly remanded the case to allow plaintiff to present evidence on a possible "independent source” for the disputed test results. We hold that MCL 257.625a(9); MSA 9.2325(1X9) is constitutional under US Const, Am IV and Const 1963, art 1, § 11, and the Equal Protection Clauses of US Const, Am XIV and Const 1963, art 1, §2. Accordingly, we reverse the decision of the Court of Appeals in People v Perlos, and affirm the decision of the Court of Appeals in People v England.1

i

A. PEOPLE v PERLOS, BROWN, MILLER, BENTLEY, SCHOMER

In each of these five cases defendants were involved in one-car accidents in Jackson County between December, 1984, and November, 1985. All defendants were taken to Foote Hospital in Jackson, except for defendant Brown who was transported to Albion Community Hospital. At the hospitals, defendants were subjected to blood tests to measure the alcohol content in their blood. These tests were made for medical treatment.2 The re-[310]*310suits of the tests showed that all defendants had an alcohol content over the 0.10 percent limit, signifying legal intoxication.

Some time after the tests were performed, and pursuant to MCL 257.625a(9); MSA 9.2325(l)(9),3 the prosecution requested the test results from the hospitals, and the hospitals complied. The prosecution did not obtain a search warrant in order to get the results, nor did defendants consent to the release of the records. On the basis of the results of the tests, defendants were arrested and charged with operating a motor vehicle while under the influence of intoxicating liquor, MCL 257.625; MSA 9.2325.

In district court, defendants moved to suppress their test results, claiming that subsection 9 of the implied consent act* 4 was unconstitutional. In Perlos, Miller, Brown, and Schomer, the court determined the statute to be constitutional and ruled against suppressing the evidence. In Bentley, the court found the statute to be unconstitutional and suppressed the evidence.

On appeal in the circuit court, these cases were [311]*311consolidated. On February 27, 1987, Judge Gordon W. Britten found the statute to be unconstitutional under the Fourth Amendment and the Equal Protection Clause of the Fourteenth Amendment, and suppressed the evidence.

The Court of Appeals granted leave to bring an interlocutory appeal, and on July 18, 1988, affirmed the decision of the circuit court, 170 Mich App 75; 428 NW2d 685 (1988) (McDonald, J., concurring in the result only), holding that the statute violated the Fourth Amendment of the United States Constitution and the parallel Michigan provision. The Court found sufficient governmental involvement in the taking of the blood to invoke Fourth Amendment protections, and consequently determined that the searches did not fall within any of the exceptions to the search warrant requirement. The Court further held that federal and state equal protection guarantees were violated by the statute and ordered the test results suppressed.

However, on December 8, 1988, the Court of Appeals granted plaintiff’s application for rehearing in light of Murray v United States, 487 US 533; 108 S Ct 2529; 101 L Ed 2d 472 (1988). On rehearing, the case was remanded to the district court to find a possible "independent source” to permit admission of the evidence. On September 1, 1989, plaintiff’s request for clarification was granted, and the Court reaffirmed its position that an independent source for the evidence could be established in the lower court.

On December 28, 1989, this Court granted plaintiff’s application for leave to appeal to decide whether the statute is constitutional and whether the test results should be suppressed. Defendants’ application to cross appeal was subsequently granted to determine whether the Court of Ap[312]*312peals correctly remanded the case to determine if an "independent source” existed for the evidence. 433 Mich 917 (1989).

B. PEOPLE V ENGLAND

The events which gave rise to this case took place on June 8, 1985. At approximately 1:30 a.m., a two-vehicle collision occurred at the intersection of Hickory Ridge Road and Rose Center Road in Rose Township in Oakland County. Defendant was driving his Chevrolet truck when it collided with a Ford Tempo. The occupants of the Ford Tempo were killed, and defendant was seriously injured in the accident.

After the collision, defendant was transported to Hurley Medical Center. While in a semiconscious state, defendant’s blood was drawn, and a blood alcohol analysis was performed, revealing an alcohol level over 0.10 percent.

Pursuant to subsection 9 of the implied consent act,5 the prosecution obtained defendant’s test results without a search warrant and without his consent. After the results were obtained, defendant was arrested. Following a bench trial, he was convicted of two counts of involuntary mansláughter pursuant to MCL 750.321; MSA 28.553. The trial court found that defendant failed to yield the right of way when his truck ran a stop sign and struck the Tempo.

Prior to trial, the trial judge denied defendant’s motion to suppress the blood test results. After his conviction for involuntary manslaughter, defendant appealed in the Court of Appeals. The Court affirmed the conviction and rejected defendant’s challenges to subsection 9 on Fourth Amendment and equal protection grounds. 176 Mich App 334; [313]*313438 NW2d 908 (1989). The England Court explicitly declined to follow the analysis of the statute adopted by the Perlos Court. On June 9, 1989, defendant’s motion for rehearing was denied.

Defendant’s application for leave to appeal in this Court was granted to decide whether subsection 9 is constitutional, and whether the disputed test results should be suppressed. This case was consolidated with the Perlos cases. 433 Mich 917 (1989).

II. FOURTH AMENDMENT CHALLENGE TO SUBSECTION 9

The first issue presented is whether subsection 9 of the implied consent act6 survives constitutional scrutiny under US Const, Am IV and Const 1963, art 1, § ll.7

A. REMOVAL OF BLOOD FOR TESTING

The initial inquiry must be whether the actual taking of the blood constituted a search or seizure under the Fourth Amendment. Clearly, a blood test conducted under the direction of police falls within the ambit of the Fourth Amendment. Schmerber v California, 384 US 757; 86 S Ct 1826; [314]*31416 L Ed 2d 908 (1966). However, before constitutional protections from searches and seizures can be activated, state action must be involved in the alleged search. See United States v Jacobsen, 466 US 109; 104 S Ct 1652; 80 L Ed 2d 85 (1984). In

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Cite This Page — Counsel Stack

Bluebook (online)
462 N.W.2d 310, 436 Mich. 305, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-perlos-mich-1990.