Legal Opinion
State v. Smith
Missouri Court of Appeals
Decided October 28, 2004No. ED 82604PublishedCited by 22 opinions
1Opinion of the Court
KATHIANNE KNAUP CRANE, Judge.
The state appeals, pursuant to Section 547.200 RSMo (2000), from the order of the circuit court suppressing the results of a blood alcohol test administered pursuant to a search warrant obtained and executed after defendant refused to submit to a chemical test. We hold that the clause, “none shall be given,” in the refusal provision of the Implied Consent Law, Section 577.041 RSMo (Supp.2002), prohibits war-rantless tests authorized by law enforcement officers pursuant to Chapter 577, but does not prohibit a court from issuing a search warrant to obtain samples of…
2Cases cited23 opinions
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Johnson v. United StatesSupreme Court of the United States · 1948
- Preston v. United StatesSupreme Court of the United States · 1964
- Breithaupt v. AbramSupreme Court of the United States · 1957
- Hinnah v. Director of RevenueSupreme Court of Missouri · 2002
18 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State v. StoneWest Virginia Supreme Court · 2012
- State v. CollierSupreme Court of Georgia · 2005
- State v. CromerMissouri Court of Appeals · 2005
- Bender v. Director of RevenueMissouri Court of Appeals · 2010
- Metzner v. StateSupreme Court of Arkansas · 2015
17 more not listed; retrieve them via the Exa API.