People v. Raider.

2022 CO 40. No. 21SC119.  Fourth Amendment and Reasonableness in General—Necessity of and Preference for Warrant, and Exceptions in General—Right to Sample or Conduct Test—Initiating Procedure.

September 12, 2022

After being arrested for driving under the influence, Raider refused a breath or blood test under the Expressed Consent Statute, which prohibits the use of forced specimen collection except in four specific circumstances. As a result, officers applied for and received a search warrant to conduct a blood draw, authorizing them to use reasonable force as necessary.

Here, the Supreme Court considered whether the prohibition against forced specimen collection in the Expressed Consent Statute applies to all searches of people suspected of DUI or only to warrantless searches. The Court concluded that the statute only contemplates warrantless searches and thus the Expressed Consent Statute’s prohibition against forced specimen collection has no bearing on searches executed pursuant to a valid warrant.

The Court of Appeals’ judgment was reversed.