Subscriber Benefit
As a subscriber you can listen to articles at work, in the car, or while you work out. Subscribe Now
The Indiana Court of Appeals overturned a lower court’s order granting a man’s motion to suppress evidence after he argued that Indiana State Police illegally drew his blood without consent following a 2022 fatal multi-vehicle accident in Franklin County.
The appellate court’s reversal came after the state appealed a Franklin Circuit Court ruling that granted Dennis Poland Jr.’s motion, after he was charged with multiple felonies following the fatal crash that resulted in the death of a passenger in his vehicle.
Garrett Bascom, who is listed as Poland’s attorney, did not immediately respond to a request for comment.
According to court documents, Poland was driving a truck on April 5, 2022, and was involved in a multi-vehicle collision.
The state alleged Poland was driving at an estimated speed of 87 miles per hour in a 55 mile per hour no-passing zone.
According to court documents, Poland entered a curve in the roadway marked with a cautionary warning sign. As he came around the curve, Poland lost control of his truck and fishtailed, swerving in and out of his lane of traffic, before striking another vehicle.
The passenger in Poland’s vehicle was ejected and died at the scene.
A law enforcement officer entered the emergency room where Poland was unconscious and receiving treatment.
The law enforcement officer did not believe he had sufficient time to secure a warrant before the three-hour mark after being informed that a helicopter was en route to transport Poland to the University of Cincinnati Hospital.
At the request of the law enforcement officer, a nurse supervisor took a blood sample from Poland, who tested positive for fentanyl, a fentanyl metabolite, and oxycodone.
On Dec. 15, 2022, the state charged Poland with two counts of operating a vehicle while intoxicated causing death as level 4 felonies, two counts of operating a motor vehicle while intoxicated causing serious bodily injury as level 5 felonies, and reckless homicide as a level 5 felony.
Poland filed a motion to suppress alleging that law enforcement officers illegally seized his blood without consent, probable cause, and/or a search warrant authorizing said seizure.
On Sept. 11, 2024, the Franklin Circuit Court granted the motion to suppress.
On appeal, the state argued that law enforcement had probable cause to seize Poland’s blood sample after he caused the accident which killed his passenger and seriously injured him and another driver.
It contended that exigent circumstances existed to circumvent the warrant requirement for Poland’s blood sample based on the catastrophic nature of the accident and Poland’s unconsciousness at the scene and at the hospital.
The state argued that the trial court’s reliance on Ind. Code § 9-30-6-6(l) to exclude the blood test results was contrary to precedent holding that the statute is a means to acquire evidence, but not to exclude it.
In its opinion, the appellate court disagreed with Poland’s argument that the only basis for the state police’s blood draw was the fact of the accident itself.
Judge Elaine Brown wrote that the record revealed that video showed Poland’s pickup truck speeding, having difficulty making the turn, swerving, and losing control.
Brown added that the Indiana state trooper who investigated the crash and requested Poland’s blood draw testified that he had extensive field training including OWI investigations and OWI investigations involving crashes or fatalities.
The state trooper discussed the heavy damage to the vehicles, the skid marks, and testified that he believed Poland was impaired.
“Under these specific circumstances, we conclude that law enforcement had probable cause to believe that Poland operated a vehicle while intoxicated,” Brown wrote.
The case is State of Indiana v. Dennis R. Poland, Jr., 24A-CR-2252.
Please enable JavaScript to view this content.