APPEAL FROM FAYETTE CIRCUIT COURT HONORABLE KIMBERLY N.
BUNNELL, JUDGE NO. 17-CR-00146
COUNSEL FOR APPELLANT: Jerry Lee Wright JERRY L. WRIGHT,
COUNSEL FOR APPELLEE: Andy Be shear Attorney General of
Kentucky William Robert Long, Jr. Assistant Attorney General
Office of Criminal Appeals
Marie Whitlow appeals as a matter of right from the Fayette
Circuit Court judgment sentencing her to twenty years in
prison. Whitlow was driving while intoxicated in Lexington,
Kentucky, when she struck and killed two pedestrians standing
on a sidewalk. After the incident, Whitlow was transported to
the hospital for minor injuries, and a police officer
obtained a court order directing the hospital to test her
blood for drugs and alcohol. Whitlow moved to suppress the
blood test results, arguing that the "court order"
was not a search warrant and therefore the testing violated
her Fourth Amendment rights. The trial court denied her
motion, and Whitlow entered a conditional guilty plea to four
charges, including two counts of second-degree manslaughter,
specifically preserving her right to appeal the denial of the
suppression motion. Finding no error, we affirm the ruling of
the trial court.
AND PROCEDURAL HISTORY
early morning hours of October 29, 2016, Whitlow operated a
black Dodge vehicle which left the roadway and drove onto a
city sidewalk, striking and killing a Louisville police
officer and a University of Kentucky employee. After the
incident, Whitlow was transported to the University of
Kentucky Medical Center for treatment of minor injuries she
sustained.While at the hospital, a Lexington police
officer met with Whitlow and immediately observed a strong
odor of alcohol on her breath. The officer informed Whitlow
of her rights and asked if she would be willing to speak with
him. She gave verbal consent that she understood her rights
and was willing to speak with the officer, but she refused to
consent to the taking of a blood sample.
the officer's conversation with Whitlow, he prepared an
affidavit titled "Affidavit in Support of and Petition
for Court Order." The affidavit, in its entirety,
Comes the affiant, a peace officer of the Lexington Police
Department, who personally appeared before the undersigned
and being first duly sworn now on oath deposes and affirms
the information contained herein is completely truthful based
upon facts discovered during an open investigation and based
on this information is seeking a court ordered blood draw
from the below listed motor vehicle operator involved in a
fatal motor vehicle collision pursuant to KRS 89A.105');">189A.105(3)(b).
Pursuant to KRS l89A.105(3)(b) affiant is seeking the
• Alcohol in the blood of; Whitlow, Suzanne, SSN
• Controlled substance in the blood of; Whitlow,
Suzanne, SSN (redacted), 01/21/90
• Controlled substance in the body of;
• Physical evidence in the body of;
• Controlled substance in the urine of;
Affiant has been an officer in the aforementioned agency for
a period of 17 years and the information and observations
contained herein were received and made in his/her capacity
as an officer thereof.
On the 29th day of October, 2017 (sic) at
approximately 2:34 am, affiant received information
A Collision Reconstruction Unit call out was initiated
concerning a collision which occurred on South Upper Street
between Bolivar and Scott Street. The collision involved a
black 2010 Dodge passenger vehicle versus two pedestrians.
Both pedestrians were killed as a result of the collision.
Ms. Suzanne Whitlow was the only person present with the
vehicle upon officers' arrival and was transported to the
University of Kentucky Emergency Room to be checked out for
injuries; she was bleeding from the face. Ms. Whitlow made
conflicting statements to initial responding officers
indicating she was not driving at the time of the collision
but later stated that she ...