Warrant must Authorize the Search, not just the Seizure

Posted Thursday, September 18, 2014 by Andrew Charles Huff

The Washington Court of Appeals has ruled that a warrant authorizing the withdrawal of blood must also authorize the testing of that blood. Otherwise, the results are inadmissible. In State v. Jose Martines, the Court found that a warrant is insufficient if it doesn’t contain language authorizing bodily fluids like blood to be tested for alcohol or other drugs. Most warrants have only authorize the withdrawal of fluids…until now.