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Village of Algonquin v. Ford6/20/1986
hat Schmerber v. California (1966), 384 U.S. 757, 16 L.Ed.2d 908, 86 S.Ct. 1826, holds that a compulsory blood test may be taken without the consent of the donor, but contends that Schmerber first requires a finding of probable cause. Illinois also requires probable cause. (People v. Lippert (1982), 89 Ill.2d 171, 178.) Defendant contends that no probable cause was found in the instant case. Defendant notes that the police officer was not called to the scene, never testified why he approached the defendant's car, did not talk to the defendant, did not smell alcohol on her breath or notice any symptoms of intoxication. In deciding the question of probable cause in any given case, the courts are not to be unduly technical; rather, they are to deal with probabilities. (People v. Clay (1973), 55 Ill.2d 501, 504-05.) Given the earlier recited facts, there is no question that the officer had probable cause to make his investigation and, once started, to proceed to the field tests for sobriety.
• 3 The defendant finally argues that the court's ruling is not against the manifest weight of the evidence. Defendant states that while the failure to read Miranda warnings cannot be the sole basis for suppression of chemical-analysis tests, it may be considered as a factor in determining whether the test was voluntarily given. (People v. Cook (1981), 94 Ill. App.3d 73.) Defendant contends it is a question of fact to be determined from all of the circumstances, including the subject's knowledge of a right to refuse chemical analysis as a factor to be considered. (People v. Kenning (1982), 110 Ill. App.3d 679.) Here the trial court found that the failure to give the Miranda warnings made the consent to the test involuntary. As we have ruled above, that finding is in error; the trial court must be reversed and the cause remanded for further proceedings.
Reversed and remanded.
UNVERZAGT and SCHNAKE, JJ., concur.
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