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State v. Riedel12/26/2002
onstituted a second, separate search for which a warrant should have been obtained. Id. at 544.
. The supreme court rejected the defendant's argument.
Developing the film is simply a method of examining a lawfully seized object. Law enforcement officers may employ various methods to examine objects lawfully seized in the execution of a warrant. For example, blood stains or substances gathered in a lawful search may be subjected to laboratory analysis.... Developing the film made the information on the film accessible, just as laboratory tests expose what is already present in a substance but not visible with the naked eye. Developing the film did not constitute ... a separate, subsequent unauthorized search having an intrusive impact on the defendant's rights wholly independent of the execution of the search warrant. The deputies simply used technological aids to assist them in determining whether items within the scope of the warrant were in fact evidence of the crime alleged. Id. at 545 (citation omitted).
. This court has concluded that Snyder and Petrone stand for the proposition that the "examination of evidence seized pursuant to the warrant requirement or an exception to the warrant requirement is an essential part of the seizure and does not require a judicially authorized warrant. Both decisions refuse to permit a defendant to parse the lawful seizure of a blood sample into multiple components." VanLaarhoven, 2001 WI App 275 at . We find the reasoning of Snyder, Petrone and VanLaarhoven persuasive, and we adopt their holdings here. We therefore conclude that the police were not required to obtain a warrant prior to submitting Riedel's blood for analysis.
CONCLUSION
. The initial warrantless nonconsensual draw of Riedel's blood was constitutional based on the exigent circumstances exception to the warrant requirement of the Fourth Amendment. Krajewski, 2002 WI 97 at . We conclude that the subsequent analysis of Riedel's blood was simply the examination of evidence obtained pursuant to a valid search. We therefore uphold the trial court's denial of Riedel's motion to suppress. We affirm the judgment.
By the Court. -- Judgment affirmed.
Recommended for publication in the official reports.
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