Tyler Story v. Commonwealth of Kentucky

Summary

The Kentucky Supreme Court held that Story’s statutory right to obtain an independent blood test was violated when the trial court refused to release his blood sample for testing, but that error was harmless because the Commonwealth’s breath test had already been suppressed. The Court further held that testing the sample was an unconstitutional search because the warrant was barred by the governing statute and Story did not consent to the Commonwealth’s testing. The Court reversed, vacated the conviction, and remanded for withdrawal of the conditional plea and suppression of the Commonwealth’s test results.