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The Court of Appeals, Division 1, issued an opinion in State v. Martines which held that a search warrant for blood in an impaired driving case must specifically request authorization for the collection AND testing of the blood. Previously the search warrant template itself specified only the collection of the blood. The officer’s declaration did include language that the blood may be tested for the presence of alcohol and any other drug(s), but per today’s ruling, the request for testing now needs to be in the search warrant itself.
This is a MAJOR change, and effective immediately, all DUI search warrant templates will need to be revised to address the ruling. Posted is one possible revision to the current DUI search warrant template which addresses the request to both collect as well as test the blood samples (the new language is a single sentence, highlighted on the attached document in pink). There will be further revisions to the SW template, but for the immediate change, please ensure all officers are including language in the search warrant itself that references both collection and testing of blood samples.
State vs. Martines Published Opinion
Search Warrant SAMPLE Line Added
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