Q: Attorney Tully, any interesting cases or decisions recently in the area of Criminal Law?
A: Maybe this one. The Pennsylvania Superior Court had to decide whether police can draw blood from an unconscious DUI suspect without first getting a search warrant. The police (Commonwealth) argued that the unconscious DUI driver gave his implied consent to having his blood drawn based upon his driving on the highway. The Court disagreed. Reading someone, who is unconscious, their rights is a sham the Court reasoned. As a result, the Court ruled the Defendant’s blood results obtained at a hospital were inadmissible at trial. Call me.