Welcome 
DUI Enforcers!

Court of Appeals finds Search Warrants for Blood do NOT require warnings

Tuesday, April 18, 2017 2:35 PM | Anonymous member (Administrator)

In State v. Sosa (Div. III, filed March 16, 2017) the court put to rest an argument that a search warrant for blood requires the officer to provide the defendant with any advice of rights.   In particular, the defense argued the officer must advise the defendant of the right to an independent test.   The Sosa court disagreed, concluding that prior cases explicitly held that such rights are statutory, and the requirement to provide them flowed only from the statutes.  With those provisions now repealed in the face of the search warrant requirement--the need for warnings is gone.  

The defense has filed a notice of appeal on the case.  Likely based on the secondary ruling in the case, that the PBT refusal was admissible in light of the implied consent statute and State v. Baird.   While the refusal is likely admissible, that reasoning is not likely to be affirmed.   

The full case may be viewed here: State v Sosa COA 2017.rtf

© Traffic Safety Resource Program
Powered by Wild Apricot Membership Software