 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
State v. Estrada11/4/2004
one, of Estrada did not reveal any serious, life-threatening injuries. Furthermore, Estrada's blood pressure did not give any indication that he had sustained internal injuries, and his pupils did not give any indication that he had sustained neurological damage.
22 Because the trial court was in the best position to observe the demeanor of the witnesses and determine their possible biases, we must defer to its assessment of their credibility and its rejection of the medics' testimony about their motives for transporting Estrada. See State v. Gerlaugh, 134 Ariz. 164, 654 P.2d 800 (1982), supp. op., 135 Ariz. 89, 659 P.2d 642 (1983); Ossana. Furthermore, the trial court determines the weight to be given evidence presented at the suppression hearing. See State v. Keener, 110 Ariz. 462, 520 P.2d 510 (1974). Thus, under these circumstances where the trial judge unequivocally stated that the medics "actively became extensions of law enforcement," we find no error in the trial court's implicit finding that the medics were not motivated by a desire to obtain medical assistance for Estrada but, rather, by a desire to help the police obtain a blood sample from him.
Conclusion
*6 23 In sum, we construe § 28-1388(E) to implicitly require that a person must be receiving medical treatment voluntarily for that statute to allow a warrantless blood draw. We defer to the trial court's findings that Estrada was involuntarily transported to the hospital by state agents. Thus, we find no abuse of discretion in the trial court's conclusion that the results of Estrada's blood sample must be suppressed because the evidence was not properly obtained pursuant to a statutory exception to the warrant requirement of the Fourth Amendment. The trial court's suppression order is, therefore, affirmed.
Page 1 2 3 4 5 Arizona DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|