State v. Meitler

347 P.3d 670, 51 Kan. App. 2d 308, 2015 Kan. App. LEXIS 21
CourtCourt of Appeals of Kansas
DecidedMarch 27, 2015
DocketNo. 111,697
StatusPublished
Cited by5 cases

This text of 347 P.3d 670 (State v. Meitler) is published on Counsel Stack Legal Research, covering Court of Appeals of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Meitler, 347 P.3d 670, 51 Kan. App. 2d 308, 2015 Kan. App. LEXIS 21 (kanctapp 2015).

Opinions

Schroeder, J.:

The State appeals the district court’s granting of Troy B. Meitler’s motion to suppress evidence of a blood sample which revealed the presence of methamphetamine and marijuana shortly after a two-vehicle collision. While driving his car, Meitler crossed the centerline and collided with another vehicle which resulted in the death of the other driver.

Meitler was severely injured in the collision, and while unconscious, his blood was drawn at the hospital at the direction of Trooper John Maier. After criminal charges were filed against Mei-tler, he filed a motion to suppress the results of the blood draw based on a recent Kansas Court of Appeals decision in State v. Declerck, 49 Kan. App. 2d 908, 317 P.3d 794, rev. denied 299 Kan. 1271 (2014), which found that K.S.A. 2011 Supp. 8-1001(b)(2) is unconstitutional. The district court suppressed the evidence from Meitler’s blood draw, ruling that Dederck applied to this case, and the good-faith exception to the exclusionary rule did not apply.

We hold the district court erred in suppressing the evidence of Meitler’s blood draw because the good-faith exception to tire exclusionary rule is applicable to the facts of this case. Accordingly, we reverse the district court’s order suppressing tire evidence and remand for further proceedings.

Factual and Procedural Background

On February 10, 2012, in Reno County, Trooper Stephen A. Morris of the Kansas Highway Patrol responded to the scene of a two-vehicle accident. Upon his investigation, Trooper Morris determined Meitler was the driver of the car who left his lane of traffic, crossed the centerline, and caused the fatality collision. Although Trooper Morris discovered no evidence of alcohol or drug impairment at that time, he also did not observe any roadway features, conditions, or debris to explain why Meitler crossed the cen-terline into oncoming traffic causing the collision. Meitler was flown to a Wichita hospital because of the severity of his injuries.

Trooper Morris requested a Sedgwick County-assigned trooper go to the hospital to obtain a sample of Meitler’s blood. Trooper John Maier went to the hospital. Trooper Maier was informed by [310]*310the dispatcher that Meitler was involved in a fatality accident and had been deemed the at-fault driver. Trooper Maier placed a copy of the implied consent advisory on Meitler’s body as he read the advisory aloud, but Meitler was unable to follow along and appeared to be unconscious. Trooper Maier asked Meitler to consent to the blood draw, and after receiving no response, marked “yes” on the advisory. Trooper Maier then directed healthcare personnel to draw Meitler’s blood. Trooper Maier took custody of the blood sample which later tested positive for the presence of methamphetamine and marijuana.

Meitler was charged with one count each of involuntary manslaughter pursuant to K.S.A. 2011 Supp. 21-5405(a)(3), aggravated battery pursuant to K.S.A. 2011 Supp. 21-5413(b)(2)(A), and driving under the influence of alcohol or drugs pursuant to K.S.A. 2011 Supp. 8-1567(a)(4). Meitler filed a motion to suppress tire results of his blood test, arguing' that a fatality collision involving a driver who commits a traffic offense does not provide probable cause the driver was impaired at the time of the collision. Meitler argued to the district court that Declerck controlled and, because K.S.A. 2011 Supp. 8-1001(b)(2) which permitted the blood draw was unconstitutional, Meitler’s blood-test results should be suppressed. See 49 Kan. App. 2d 908, Syl. ¶¶ 5-7 (finding K.S.A. 2011 Supp. 8-1001[b][2] unconstitutional).

The State countered that Declerck was inapplicable because, unlike Declerck who refused the blood draw, Meitler was unconscious, and pursuant to the statute had impliedly consented to the blood draw. Alternatively, the State argued that Trooper Morris’ and Trooper Maier’s objective and reasonable reliance on K.S.A. 2011 Supp. 8-1001(b)(2) before it was declared unconstitutional warranted applying the good-faith exception to the exclusionaiy rule, thus permitting the results of the blood draw to be admitted in evidence at trial. At Meitler’s suppression hearing, the district court ordered the parties to submit additional briefing on whether the good-faith exception to the exclusionary rule should apply to prevent the evidence from being suppressed.

Upon receipt of the additional briefing, the district court issued an order suppressing the results of the blood draw. First, the dis[311]*311trict court based its ruling on the fact that Trooper Morris did not have probable cause to suspect Meitler was operating or attempting to operate his vehicle under the influence of alcohol or drugs. Second, the district court found that, based upon Declerck, K.S.A. 2011 Supp. 8-1001(b)(2) was unconstitutional as applied to this case. Finally, the district court determined the good-faith exception to the exclusionary rule did not apply because Trooper Morris did not rely on K.S.A. 2011 Supp. 8-1001(b)(2) when compelling Mei-tler s blood draw.

The State timely filed an interlocutory appeal.

Analysis

K.S.A. 2011 Supp. 8-1001(b)(2) provides:

“(b) A law enforcement officer shall request a person to submit to a test or tests deemed consented to under subsection (a): . . . . (2) if the person was operating or attempting to operate a vehicle and such vehicle has been involved in an accident or collision resulting in serious injury or death of any person and the operator could be cited for any traffic offense, as defined in K.S.A. 8-2117, and amendments thereto. The traffic offense violation shall constitute probable cause for pwposes of paragraph (2). The test or tests under paragraph (2) shall not be required if a law enforcement officer has reasonable grounds to believe the actions of the operator did not contribute to the accident or collision. The law enforcement officer directing administration of the test or tests may act on personal knowledge or on the basis of the collective information available to law enforcement officers involved in the accident investigation or arrest.” (Emphasis added.)

On appeal, the State acknowledges that in Declerck a panel of our court declared K.S.A. 2011 Supp.

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State v. Meitler
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Cite This Page — Counsel Stack

Bluebook (online)
347 P.3d 670, 51 Kan. App. 2d 308, 2015 Kan. App. LEXIS 21, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-meitler-kanctapp-2015.