The Iowa Supreme Court has turned down a Grinnell man’s request to suppress evidence in his homicide case. Lee Allen Breuer was driving a car that rolled over on Highway 6 east of Newton in Jasper County in November of 2008.
When a deputy arrived he noticed an odor of alcohol. Breuer was taken to the hospital, as was a passenger in the car who later died. Breuer refused a breath test and also refused to give a blood or urine sample to a deputy. Another deputy went to a magistrate, secured a warrant for a blood sample, and then called the deputy at the hospital and told him he was on the way.
The deputy at the hospital told Breuer of the warrant and informed him a blood sample would be taken by force if he did not cooperate. He gave the sample and the warrant arrived at the hospital about 10 minutes later. The blood test found Breuer was over the legal alcohol limit, and Breuer was charged with homicide by vehicle.
He sought to have the sample suppressed as evidence, saying the warrant was not present when the blood sample was taken. The Iowa Supreme Court ruled that not having the search warrant physically present when the blood was drawn did not violate Breuer’s constitutional rights, and the blood sample can be used as evidence in his case.
See the ruling here: Breuer PDF