State of Arizona, Appellee v. Don Jacob Havatone, Appellant

Summary

The court held that Arizona's unconscious-clause statute was unconstitutional as applied because the warrantless blood draw was conducted under a blanket policy without case-specific exigent circumstances. It further held that Arizona's good-faith exception did not apply because the policy reflected recurring or systemic negligence and was not specifically authorized by binding precedent. The court remanded for the trial court to determine whether Arizona or Nevada law governs and, if Nevada law applies, whether Nevada's good-faith exception applies. The separate opinion would have upheld the blood draw under the law existing in 2012 and would have applied the good-faith exception.