State v. Poppell

The state obtained the defendant's blood test in violation of his Fourth Amendment rights.

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The State indicted Gary Christopher Poppell on charges of felony murder and misuse of a firearm while hunting arising out of the shooting death of Frank Henry Parker. The trial court suppressed the results of Poppell’s blood tests and the State appeals. OCGA § 5-7-1 a 4. Finding no error, we affirm the trial court’s ruling. 1. Contrary to the State’s contention, our review of Poppell’s motion reveals that it was not fatally defective under OCGA § 17-5-30 b for failing to set forth sufficient facts. See generally Stanley v. State , 206 Ga. App. 125 1 424 SE2d 90 1992.

2. ” ‘A suspect’s Fourth Amendment right to be free of unreasonable searches and seizures applies to the compelled withdrawal of blood.’ Cit. So too is the extraction of blood a search within the meaning of the Georgia Constitution. Cit.” Cooper v. State , 277 Ga. 282, 285 III __SE2d__ 2003. The evidence presented at the motions hearing reflected that while Poppell was a passenger in a vehicle being driven on a hunting club’s property, he heard a noise, exited the vehicle and fired a shot into the bushes. Poppell’s shot hit Frank Henry Parker and inflicted a fatal wound. Poppell and the driver of the vehicle contacted 911 and drove the victim to a nearby road, where ambulance and police were able to reach them. One of the first police officers to arrive at the scene testified that Poppell appeared to be sober and coherent and not under the influence of alcohol or narcotics; one can of beer was found in the vehicle. Poppell was taken to the Long County Sheriff’s Department. Although several officers who were present at that time testified at the motions hearing, none of the officers personally asked Poppell for his consent to draw and test his blood, nor could any recall whether any other officer obtained Poppell’s consent. At some point Deputy Shane Middleton, in response to an order by another unidentified officer, took Poppell to a local hospital where a medical lab technician drew Poppell’s blood. No warrant was obtained for the blood sample.

State v. Poppell

The state obtained the defendant's blood test in violation of his Fourth Amendment rights.

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