Hutch Post

HUTCHINSON – The Kansas Court of appeals has reversed a lower court ruling regarding a motion to suppress evidence granted in Reno County District Court.

The reversal of the decision by Judge Trish Rose to suppress the blood evidence involves the case against Troy Meitler, 42, Halstead.

He is charged with involuntary manslaughter in connection with a two-vehicle fatality accident west of Hutchinson in 2011.

Judge Rose granted the defense motion in the case ruling that law enforcement didn’t have consent from the defendant to take blood while he was at a Wichita hospital because he was unconscious.

The state argued that the Highway Patrol troopers took the blood, citing state statute that requires blood be taken when there is an accident resulting in serious injury or death.

After the ruling by Judge Rose, the State immediately filed an appeal.

The blood sample tested positive for meth.

The Court of Appeals ruled that any exclusionary rule argued by the defense does not apply to evidence obtained by law enforcement officers.

It went on to say that the Kansas Highway Patrol trooper’s conduct in ordering the blood draw was in objectively reasonable reliance on then-existing authority provided by law.

With the reversal in the ruling, the district court’s order suppressing the blood-draw evidence is reversed, and the case is remanded for further proceeding