The Commonwealth presented evidence that the hospital drew Persico’s blood, immediately locked a sample of it in a grey-top vial, did not analyze it to determine his BAC, and instead sent the sample to HNL where it remained in storage until Trooper Blaski obtained a warrant over a month later to have HNL test the sample to determine Persico’s BAC. No evidence of record indicated that LVHCC drew Persico’s blood for independent medical purposes and all the evidence reflected that the blood draw occurred pursuant to the hospital’s perceived duty under section 3755.

Based on the foregoing, the blood draw violated Persico’s rights under both the Fourth Amendment to the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution and the trial court erred in denying his motion to suppress the results of his blood draw. The subsequent search warrants that permitted the seizure of Persico’s blood sample for testing did not cure the defect of the illegal blood draw. See Hunte, 2025 WL 1703981 at *21.

COMMONWEALTH V. PERSICO, No. 2025 EDA 2024 (Pa. Super. 07/29/2025)