Page 971
Appeal
from the Superior Court in Mohave County, No.
S8015CR201201535, The Honorable Derek C. Carlisle, Judge.
AFFIRMED.
Arizona Attorney Generals Office, Phoenix, By Terry M.
Crist, Counsel for Appellee
Law
Offices of Shawn B. Hamp, Kingman, By Shawn B. Hamp, Virginia
L. Crews, Troy M. Anderson, Counsel for Appellant
Judge
James P. Beene delivered the opinion of the Court, in which
Presiding Judge Maria Elena Cruz and Judge Jennifer B.
Campbell joined.
OPINION
BEENE,
Judge:
Page 972
[¶1]
Don Jacob Havatone appeals from his convictions and sentences
for two counts of aggravated driving under the influence of
intoxicating liquor ("DUI"), one count of
aggravated assault, one count of endangerment, and four
counts of misdemeanor assault. Because a Nevada statute at
the time allowed a blood sample to be taken from an
unconscious DUI suspect, the good-faith exception to the
exclusionary rule applied, and the superior court did not err
by denying Havatones motion to suppress. Accordingly, we
affirm.
FACTS
AND PROCEDURAL HISTORY[1]
[¶2]
In September 2012, Havatones SUV swerved into oncoming
traffic and collided with another vehicle near Kingman,
Arizona. Havatone was taken to a hospital in Nevada for
injuries sustained in the collision. A police officer in
Nevada, without securing a warrant, obtained a sample of
Havatones blood drawn by the hospitals phlebotomist. A
criminalist in Arizona tested Havatones blood sample and it
showed a blood alcohol concentration of 0.21.
[¶3]
The State charged Havatone with two counts of aggravated DUI,
five counts of aggravated assault, and one count of
endangerment. Before trial, Havatone moved to suppress the
results of the warrantless blood draw.
[¶4]
At the suppression hearing, Officer Perea with the Arizona
Department of Public Safety ("DPS") testified that
he responded to the collision. He stated that the passengers
riding with Havatone, as well as the driver of the other
vehicle, were injured in the collision. He found Havatone
lying behind his SUV with a head wound. Officer Perea smelled
alcohol coming from Havatone, found alcohol containers in his
vehicle, and Havatone admitted he was driving.
[¶5]
Based on his injuries, Havatone was taken by helicopter to a
hospital in Nevada. Officer Perea contacted DPS dispatch and
asked them to contact Nevada Highway Patrol ("NHP")
to collect a blood sample. DPS dispatch contacted NHP,
informed them that Havatone caused a collision in Arizona,
the officer on scene suspected him of DUI, and requested
Nevada law enforcement assist in the collection of a blood
sample.
[¶6]
Officer Perea did not direct dispatch to explain how Nevada
law enforcement should collect the blood sample or whether
they needed a search warrant. Although Officer Perea
testified at the suppression hearing that whether to obtain a
search warrant was his "sole decision," he did not
believe he needed to obtain a search warrant for an
out-of-state blood draw and he never attempted to do so in
prior cases.
[¶7]
NHP dispatch relayed Officer Pereas request to NHP Officer
Reinmuth. Officer Reinmuth testified that he went to the
hospital, obtained a sample of Havatones blood from a
phlebotomist, and completed a declaration form pursuant to
NHP protocol. Havatone was unconscious at the time of the
blood draw and the State stipulated that the blood sample was
not collected for medical purposes. The officer sent
Havatones blood sample to Arizona DPS for testing. Both
officers testified that they followed departmental policies
and their law enforcement training regarding the taking of
Havatones blood.
[¶8]
After the suppression hearing, the superior court found that
the officers were authorized under both Arizona and Nevada
...