Arizona Supreme Court

State of Arizona, Appellee v. Patrick McLeod Nissley, Appellant

February 1, 2017241 Ariz. 327

Summary

The court held that Arizona's medical blood draw exception requires the State to prove probable cause, exigent circumstances, a medically motivated blood draw, and compliance with the suspect's right to direct medical treatment. That right is satisfied by express or implied consent, or when medical personnel treat a suspect who is incapable of providing consent. The court vacated the court of appeals' decision and remanded for fact-finding on whether Nissley was capable of directing his treatment and whether the treatment violated that right.