Supreme Court of Colorado

The People of the State of Colorado, Plaintiff-Appellant v. Oliver Benton Hyde, Defendant-Appellee — Eid, J., Concurring

April 17, 2017393 P.3d 962

Summary

Justice Eid concurred only in the judgment, agreeing that the warrantless blood draw from the unconscious driver was constitutional and that suppression should be reversed. Her reasoning was that Colorado's statutory implied-consent regime itself supplies consent under the Fourth Amendment, making the driver's inability to consent at the time of the draw and the absence of a warrant immaterial. Justice Eid, concurring, would apply the same statutory-consent rationale to the companion cases involving refusal consequences.