| COMMONWEALTH OF PENNSYLVANIA v. KEITH A. MILLER No. 884 MDA 2008 2010 PA Super 93 Atlantic: n/a Filed: 5/24/2010 | |
| Appeal from the Order dated April 14, 2008 In the Court of Common Pleas of Berks County Criminal, No. CP-06-CR-0005112-2006 | |
| Before: FORD ELLIOTT, P.J., STEVENS, MUSMANNO, BENDER, BOWES, GANTMAN, DONOHUE, SHOGAN, AND ALLEN, JJ. | |
| Opinion by: GANTMAN, J. | |
| Dissenting Opinion by: ALLEN, J. | |
| Appellant, the Commonwealth of Pennsylvania, asks us to determine whether the Berks County Court of Common Pleas erred when it suppressed the results of a blood alcohol test performed on Appellee, Keith A. Miller, at a hospital following a motor vehicle accident. We hold the court improperly suppressed the results of Appellee’s blood alcohol test because the blood draw was conducted for independent medical purposes, there is nothing in the record to cast a shadow on this presumption, and the police properly obtained and executed a search warrant for the results. Accordingly, we reverse the suppression court’s order and remand for further proceedings. | |
Monday, May 24, 2010
COMMONWEALTH OF PENNSYLVANIA v. KEITH A. MILLER
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