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State v. Thorstad8/17/2000
nch." State v. Guy, 172 Wis. 2d 86, 95, 492 N.W.2d 311 (1992) (citing Terry v. Ohio, 392 U.S. 1, 22 (1968)). The question of what constitutes reasonable suspicion is a common sense test, where the court considers all the facts and circumstances. See State v. Jackson, 147 Wis. 2d 824, 834, 434 N.W.2d 386 (1989).
. At the time Thorstad's blood was drawn, he had been found at the scene of a one-car accident. He had admitted he had been driving and had been drinking a lot. He had also failed two field sobriety tests. The combination of these circumstances constitutes at least a reasonable suspicion that a blood test would reveal evidence of intoxication.
. Bohling also requires that when a blood sample is taken, "the method used to take the blood sample is a reasonable one and performed in a reasonable manner." 173 Wis. 2d at 534. In both Bohling and Schmerber, the defendant was taken to a hospital for the blood test. See Schmerber, 384 U.S. at 758-59; Bohling, 173 Wis. 2d at 535. Both the Bohling court and the Schmerber Court concluded that the blood test was reasonable under the Fourth Amendment. Schmerber, 384 U.S. at 772; Bohling, 173 Wis. 2d at 536. Like the defendants in Schmerber and Bohling, Thorstad's blood test was performed in a medical environment and was therefore done by a reasonable method and in a reasonable manner.
. Finally, Bohling requires that "the arrestee presents no reasonable objection to the blood draw." 173 Wis. 2d at 534. We need not delineate what sorts of objections might be considered reasonable objections because Thorstad did not present any objections, reasonable or otherwise. He did not refuse to take the test, nor does the record reveal that he gave any indication that he would prefer another test.
. Because the requirements of Bohling were satisfied, we conclude that Thorstad's blood test was a reasonable search under the Fourth Amendment. Because the search was constitutionally permissible, the trial court erred in granting Thorstad's amended motion to suppress. We therefore reverse and remand for further proceedings.
By the Court. -- Order reversed and cause remanded with directions.
Recommended for publication in the official reports.
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