STATE v. RODRIGUEZ

No. 20040566.

156 P.3d 771 (2007)

2007 UT 15

STATE of Utah, Plaintiff and Petitioner, v. Heather Jo RODRIGUEZ, Defendant and Respondent.

Supreme Court of Utah.

Rehearing Denied March 28, 2007.


Attorney(s) appearing for the Case

Mark L. Shurtleff, Att'y Gen., Matthew D. Bates, Asst. Att'y Gen., Salt Lake City, for plaintiff.

Shannon N. Romero, Lori Seppi, Salt Lake City, for defendant.

Janice L. Frost, Salt Lake City, for amici Utah Peace officers' Ass'n, Utah Sheriff's Ass'n, Dep't of Public Safety, Statewide Ass'n of Prosecutors.


NEHRING, Justice:

¶ 1 After a fatal traffic accident claimed the life of her passenger, Heather Jo Rodriguez was charged with automobile homicide. The district court denied Ms. Rodriguez's motion to suppress blood-alcohol evidence obtained in a warrantless search following the accident; the court of appeals later reversed. We granted certiorari to answer the narrow question of whether dissipation of alcohol in the blood, without more, created an exigent circumstance...

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