State v. Dyal

In State v. Dyal, 97 N.J. 229, 240, 478 A.2d 390 (1984), the Supreme Court held that the use of the defendant's blood sample, taken for other purposes, was not violative of the fourth amendment. In Dyal, blood was extracted from the defendant by the hospital for purposes of medical treatment. Id. at 233, 478 A.2d 390. Four days after the accident, police determined that alcohol might have played a role and subpoenaed the blood samples. Id. at 233-34, 478 A.2d 390. The Court found that the use of this blood sample, in an emergency situation, fell within one of the warrant exceptions. Id. at 239-40, 478 A.2d 390. The Court reasoned that "although search warrants ordinarily might be required where no emergency exists, in emergencies police may search for and seize evidence without first obtaining a search warrant." Id. at 239, 478 A.2d 390. The Court also discussed the evanescent nature of blood alcohol evidence and the difficulties in obtaining a warrant "before seeking an involuntary blood test of a suspected drunken driver." Id. at 239-40, 478 A.2d 390.