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Hernandez v. State7/20/2001
William A. Hernandez appeals his conviction for driving while intoxicated. He claims that the police deterred him from exercising his right to obtain an independent blood test, by leading him to believe that the result of the blood test would not be admissible in court. Hernandez argues that, because the police deterred him from seeking an independent blood test, the superior court should have suppressed the result of Hernandez's breath test.
Superior Court Judge pro tem Mark I. Wood found that the officer who arrested Hernandez did, through his conduct, lead Hernandez to believe that the blood test result would not be admissible. However, Judge Wood did not expressly state whether Hernandez's interpretation of the officer's conduct was reasonable under the circumstances. Because we conclude that the reasonableness of Hernandez's belief is the factor that determines whether he is entitled to suppression of the breath test result, we remand this case to the superior court for a finding on this issue.
Underlying Facts and the Contentions of the Parties
In the early morning of December 24, 1998, Hernandez was arrested in Fairbanks for driving while intoxicated. After Hernandez submitted to a breath test, he chose to exercise his right to obtain an independent blood test at his own expense.
The arresting officer, Jonathan Terland, informed Hernandez that, because it was the middle of the night, Fairbanks Memorial Hospital was the only facility available to perform the blood test. Terland told Hernandez that he would take him to the hospital, but Hernandez would have to make arrangements for someone to meet them at the hospital and bring money to pay the testing fee. Hernandez called his fiancée and asked her to bring $500 to Fairbanks Memorial Hospital to pay for the test. Terland then transported Hernandez to the hospital.
At the hospital, the receptionist told Hernandez and his fiancée that, although hospital staff would perform the blood test, the result of the test would not be admissible in court. When Hernandez asked why the test result would not be admissible, the receptionist replied that the hospital did not follow all of the court rules that governed blood evidence. For example, she said, the hospital did not maintain sufficient records to establish the "chain of custody" of the blood sample.
The receptionist did not know what she was talking about, but Hernandez and his fiancée did not know this. Understandably surprised and upset that they were being asked to spend $500 for a test of dubious value, Hernandez and his fiancée turned to Officer Terland for his response to the receptionist's statements. Terland gave them a confused look and shrugged his shoulders. Hernandez and his fiancée interpreted the officer's actions as confirmation of the receptionist's statements.
At this point, Hernandez told Terland that he might as well take him back to the station. Terland did so.
Hernandez contends that, because of this series of events, he was effectively denied his right to an independent blood test, and so his breath test result should have been suppressed. The State admits that the hospital receptionist's advice was completely wrong, but the State argues that the receptionist's misinformation should not be attributed to Officer Terland. The State notes that the hospital receptionist was an agent of the hospital, not an agent of the government. The State contends that because the receptionist did all the talking, Hernandez can not properly claim that he was misled by government agents about the legal consequences of having the blood test performed at the hospital. The State further contends that Te
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