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Buckles v. State4/16/1992
ch may be conducted in spite of the fact that the person searched is not formally under arrest, when (1) the character of the search is highly unintrusive, (2) the evidence sought would be forever lost absent the search, and (3) sufficient probable cause exists to support a formal arrest.'" The Van Order test may be invoked in vehicular homicide cases as well as in negligent homicide cases. The record demonstrates that Buckles was taken to the hospital where a blood alcohol sample was drawn. The evidence of the alcohol level in Buckles' blood would have been forever lost absent the search, and the officer did have sufficient probable cause to justify a formal arrest. That officer, who investigated the accident and also accompanied Buckles to the hospital, testified that he had detected an odor of intoxicants at the scene, that Buckles' speech was slightly slurred, and Buckles was somewhat off balance. These observations by the officer, together with the coroner's report that Stegena was dead, furnish more than sufficient probable cause to invoke the Van Order test.
Because of the reversal on other issues, we need not, and do not, consider the issues of sufficiency of the evidence or the adequacy of the record for review on appeal. The judgment and sentence is reversed, and the case is remanded for a new trial in accordance with this opinion.
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