People v. Jagotka

Defendant is charged with operating a vehicle while under the influence of intoxicating liquor, MCL 257.625; MSA 9.2325. Defendant appeals by leave granted a circuit court order reversing a district court order suppressing blood test results revealing that defendant’s blood alcohol content was 0.18 percent. We affirm the circuit court’s reversal of the district court’s order suppressing the blood test results, but hold defendant is entitled to an adverse inference instruction because of the violation of the search warrant statute that occurred in this case.

On March 11, 1995, defendant was…