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State Supreme Court Reverses Court of Appeals on Second Search Warrant in Martines

Thursday, October 08, 2015 7:35 AM | Anonymous member (Administrator)

The State Supreme Court reversed the Court of Appeals requirement that search warrant authorizations by the court for blood must also explicitly authorize testing of the blood.  In reversing the court of appeals, the Supreme Court explains, "A warrant authorizing a blood draw necessarily authorizes blood testing, consistentt with and confined to the finding of probable cause."  The court went on to reject Martines' argument that a finding of alcohol only permits testing for alcohol.   Only when alcohol is expressly NOT found, should the court look for explicit probable cause to test for drugs, since drugs may always be found with alcohol. 

The full case is available here: State v Martines 2015 Supreme Court.pdf    

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