OCONTO, WI (WTAQ-WLUK) — A blood draw taken from an Oconto County man for medical treatment was properly used evidence in a drunk driving case, even after warrantless blood sample was thrown out, the Wisconsin Supreme Court ruled Thursday.
Daniel Van Linn, 71, was arrested and charged with operating while intoxicated, 5th offense, after a March 26, 2017 traffic crash in Mountain. He pleaded no contest and was sentenced to eight months in jail, plus other conditions.
After the arrest, Van Linn was taken to a hospital, where a warrantless blood sample was taken, showing a BAC of .205. A judge later ruled those test results could not be used as evidence. Prosecutors then subpoenaed Van Linn’s medical records – which included an earlier blood draw with a result of a BAC of .226. Those results were allowed as evidence, which is what Van Linn appealed.
The appeals court upheld the use of the hospital’s blood draw. On Thursday, in a 14-page statement, the state Supreme Court upheld that ruling in a 6-1 decision.
“Suppressing the hospital’s blood-test results would not further the purpose of the exclusionary rule, which is to deter police misconduct. The circuit court’s suppression of the deputy’s warrantless blood draw remedied the police misconduct in this case. Suppressing the hospital’s diagnostic blood test, however, would have no further deterrent effect because it involved no police conduct at all, let alone misconduct,” the court wrote. “Accordingly, we conclude that the results of the hospital’s blood test are admissible under the independent-source doctrine. The State’s decision to subpoena the hospital for Van Linn’s medical records was not prompted by the deputy’s unlawful conduct, because the State had reasonable grounds to suspect Van Linn of OWI prior to the deputy’s warrantless blood draw.”
In her dissent, Justice Ann Walsh Bradley said she had a simple message for law enforcement: “ “Get a warrant.” This entire appeal would not exist if law enforcement had simply sought a warrant in the first place.”
Van Linn’s sentence also included license revocation for three years, mandated use of an ignition interlock for three years, and three years in prison. A two-year prison sentence was imposed and stayed.
