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The Indiana Court of Appeals will hear an appeal from the state later this month in a case where a motion to suppress was granted to a man who allegedly caused a deadly April 2022 crash in Franklin County.
Oral arguments will be held Aug. 29 from 10:30 a.m. to 11:30 a.m. at Gainbridge Fieldhouse’s Indiana Fever practice court.
According to court documents, on April 5, 2022, Dennis Poland, Jr., allegedly drove a truck and was involved in a multi-vehicle collision.
In its appellant brief, the state alleged Poland was driving at an estimated speed of 87 miles per hour in a 55 mile per hour no-passing zone.
Poland allegedly 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, which 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 argues 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 contends 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 argues 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.
The scheduled panelists for the hearing are Judge Elaine Brown, Judge Elizabeth Tavitas, and Judge Peter Foley.
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