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STATE v. KLIPHOUSE

No. 4D99-1608.

771 So.2d 16 (2000)

STATE of Florida, Appellant, v. Douglas KLIPHOUSE, Appellee.

District Court of Appeal of Florida, Fourth District.

September 27, 2000.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, Tallahassee, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for appellant.

Dan W. Moses, Boca Raton, for appellee.

TAYLOR, J.

The state appeals from an order suppressing the results of a blood alcohol test conducted on a blood sample taken from an unconscious motorist by medical personnel at the request of the police. We affirm.

Appellee was driving a motorcycle when he was struck by a car and rendered unconscious. A police officer stated that when he arrived at the scene he smelled the odor of alcohol on appellee's breath. After...

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