The People of the State of Colorado v. Joshua Alex Smith

Summary

The court held that Colorado's express consent statutes do not require police to ask a driver for consent or cooperation before conducting a constitutionally permissible involuntary blood draw when officers have probable cause to suspect vehicular assault. Although the court lacked interlocutory jurisdiction under the applicable appellate rule because the suppression order rested solely on a statutory violation, it exercised original jurisdiction due to the significant consequences of the suppression order and reversed it. Justice Martinez, joined by Justice Marquez, dissented, concluding that the statutes require an officer to request cooperation before ordering involuntary testing.