ILNews

COA: Totality of facts support blood seizure

Jennifer Nelson
January 1, 2008
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A blood sample seized by the state from an unconscious woman didn't violate her rights under the Fourth Amendment because all of the circumstances surrounding the car accident involving the woman led to a fair probability she drove a car while drunk, the Indiana Court of Appeals ruled.

In Samara J. Copas v. State of Indiana, No. 33A01-0801-CR-3, Samara Copas appealed the trial court's denial of her motion to suppress a blood sample taken by the state after obtaining a search warrant. Copas was involved in a car accident with another vehicle and a passerby found her lying unconscious outside her Suburban on the driver's side. The passerby noticed broken alcoholic beverage containers in the car and the smell of alcohol coming from the Suburban. The driver of a small SUV involved the accident died at the scene.

The Henry County Sheriff's Department got a search warrant to get a blood sample from Copas, who was unconscious and unable to give her consent.

The warrant was based on the belief of the sheriff's deputy who responded to the crash that Copas was involved in an accident, her car smelled of alcohol, and there were alcoholic beverage containers in view in the car.

The blood sample allegedly revealed Copas' blood alcohol content was 0.15 and she had cocaine in her system. She was charged with causing death when operating a motor vehicle with alcohol in the body, causing death when operating a motor vehicle with schedule II controlled substance in the body, and reckless homicide. The trial court denied Copas' motion to suppress the blood evidence on grounds the warrant lacked probable cause.

The Indiana Court of Appeals reviewed the search warrant obtained by the sheriff's department and found there was probable cause that her blood would reveal evidence of criminal behavior, wrote Judge Edward Najam.

Taken individually, the facts supporting the search warrant don't establish probable cause, as Copas argued, but the appellate court has to consider the totality of the circumstances rather than facts in isolation, he wrote.

The totality of the circumstances show with fair probability Copas operated the Suburban while intoxicated.

"While Copas might ultimately challenge the sufficiency of the State's evidence at trial, her arguments are not enough to defeat the 'fair probability' that she operated the vehicle while intoxicated, which is all that is required for probable cause," wrote the judge.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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