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STATE v. SHRINER

No. A07-181.

751 N.W.2d 538 (2008)

STATE of Minnesota, Appellant, v. Janet Sue SHRINER, Respondent.

Supreme Court of Minnesota.

Rehearing Denied July 14, 2008.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, St. Paul, MN, James C. Backstrom, Dakota County Attorney, Debra Schmidt, Asst. Dakota County Attorney, Hastings, MN, for appellant.

Jeffrey B. Ring, Minneapolis, MN, for respondent.

Steven Heng, Traffic Safety Resource Prosecutor, Minnesota County Attorneys Association, St. Paul, MN, for amicus curiae Minnesota County Attorneys Assoc.

Heard, considered, and decided by the court en banc.

OPINION

DIETZEN, Justice.

Appellant State of Minnesota challenges a district court order granting the motion of respondent Janet Sue Shriner (Shriner) to suppress evidence of a warrantless blood draw obtained after she caused a car accident. The court of appeals affirmed, concluding that in order for a warrantless, nonconsensual blood draw to meet the requirements of the Fourth Amendment, there must be probable cause and exigent circumstances as demonstrated...

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