Voluntary consent to blood and urine here State v Byer

Voluntary consent to blood and urine here State v. Byer A-4161-17T4

   Defendant appealed from a decision that denied her motion to suppress her statements to the police, as well as urine and blood draw evidence, following a fatal car crash. While in the hospital following the crash, defendant orally acknowledged and then signed a card that confirmed that the police officer had recited her Miranda rights.

Defendant also signed a consent form for a blood and urine draw, which the officer had also read to her. Two hours later, after learning that the other driver had died, another police officer recorded an interview with defendant but did not advise her of her Miranda rights. 

Defendant was then allowed to leave the hospital and was not arrested or charged until the toxicology reports were returned. The trial judge found that defendant had not been in custody while she was in the hospital and was free to leave. 

The trial judge noted that even if she was in custody at the hospital, defendant knowingly and voluntarily waived her rights. The trial judge explained that the circumstances did not warrant that defendant be re-Mirandized by the second officer because there were no intervening events that would have diluted the effectiveness of the waiver.   

The Appellate court affirmed and found that defendant's arguments on appeal were without sufficient merit to warrant discussion. The court's review of the record demonstrated no basis to second-guess the trial judge's detailed findings of facts and conclusions of law that defendant was not in police custody, had been properly advised of her rights and waived those rights, and voluntarily consented to the blood and urine draw.

Source https://www.law.com/njlawjournal/almID/1567649304NJA416117T/