Cooper v. State

In Cooper v. State, 277 Ga. 282 (587 SE2d 605) (2003) the Supreme Court of Georgia made clear: "A suspect's Fourth Amendment right to be free of unreasonable searches and seizures applies to the compelled withdrawal of blood. So too is the extraction of blood a search within the meaning of the Georgia Constitution." Id. at 285 (III). At issue in Cooper was language contained in OCGA 40-5-55 (a) that any person who operates a motor vehicle upon the highways or elsewhere throughout this state shall be deemed to have given consent, subject to Code Section 40-6-392, to a chemical test or tests of his or her blood, breath, urine, or other bodily substances for the purpose of determining the presence of alcohol or any other drug, if arrested for any offense arising out of acts alleged to have been committed in violation of Code Section 40-6-391 or if such person is involved in any traffic accident resulting in serious injuries or fatalities. Id. at 282. Cooper held that to the extent that OCGA 40-5-55 (a) requires chemical testing of the operator of a motor vehicle involved in a traffic accident resulting in serious injuries or fatalities regardless of any determination of probable cause of impaired driving, it authorizes unreasonable searches and seizures in violation of the State and Federal Constitutions. Cooper, supra at 291 (V).