NCJ Number
118466
Journal
University of Detroit Law Review Volume: 66 Issue: 2 Dated: (Winter 1989) Pages: 311-330
Date Published
1989
Length
20 pages
Annotation
In the People v. Perlos, 170 Mich. App. 75, 428 N.W.2d 685 (1988), the issue before the appellate court was whether the warrantless search and seizure of defendants' blood tests was in violation of the fourth amendment of the United States Constitution and Michigan's analogous constitutional provision as well as State and Federal equal protection guarantees.
Abstract
Charles A. Perlos and four other individuals were charged with driving under the influence of intoxicating liquor. Charges were brought after the prosecutor, under authority of Michigan's Vehicle Code, obtained blood alcohol test results from hospitals that had treated each defendant for post-automobile collision injuries. All defendants were conscious while blood was being removed and had not been placed under arrest or advised of their rights regarding the chemical test. The court found that Michigan's Vehicle Code had fundamental flaws in due process rights, seizure of defendants' blood tests under the Code was unconstitutional, and the statute created an unjustified classification among drivers contrary to the constitutional provision guaranteeing equal protection.