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To: gondramB

The cops would have to show probable cause to get a warrant for a blood test or any other search (except a search for weapons or the passenger area of the car). I don’t think the defendant gets to be heard, but I could be wrong. And I don’t think merely refusing the breathalyzer test creates probable cause for the search, but odor of alcohol in the car, or alcohol in the car, of flunking the field sobriety test (I am not sure I could pass all of those tests if I were stone sober) could create probable cause.


217 posted on 12/30/2007 3:53:38 PM PST by NCLaw441
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To: NCLaw441
And I don’t think merely refusing the breathalyzer test creates probable cause for the search, but odor of alcohol in the car, or alcohol in the car, of flunking the field sobriety test (I am not sure I could pass all of those tests if I were stone sober) could create probable cause.

then what in the hell do you disagree with??? (aside from the DA who thinks the refusal gives pc??)

226 posted on 12/30/2007 5:13:50 PM PST by Abundy
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