Justice St. George
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DEFENDANT, charged with multiple violations including driving while ability impaired by drugs, moved for suppression. Officer Johnstone, responding to an auto accident, approached defendant’s vehicle and testified defendant “appeared to be fading in and out of consciousness.” Johnstone asked if defendant was hurt, had any medical problems or was taking any medication. Defendant ultimately answered that he took “60 Xanax.” Another officer, Visconte, arrived on the scene and was told by Johnstone what defendant stated. Visconte testified defendant was unconscious, noting he was unable to determine if defendant was under the influence of either alcohol or drugs, but placed defendant under arrest, charging him with driving while impaired by drugs based on Johnstone’s statement that defendant took 60 Xanax. Visconte asked defendant to submit to a hospital blood test, but defendant was unresponsive so Visconte ordered defendant’s blood to be drawn by hospital staff. The court found defendant’s statement to Johnstone was voluntary and denied its suppression. Yet, it found no basis to arrest defendant at the scene, granting suppression of all evidence obtained from him subsequent to his arrest as “fruits of the poisonous tree.”
