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Legal Opinion

Attorney General Opinion No.

Kansas Attorney General Reports

Decided May 20, 2002Published

1Opinion of the Court

Thomas J. Drees Ellis County Attorney 1204 Fort Hays, Kansas 67601

Dear Mr. Drees:

You request our opinion regarding the authority of law enforcement officers to obtain blood samples under the provisions of K.S.A. 8-1001 from individuals who have refused to submit to a blood test. You direct our attention to the Kansas Supreme Court's recent decision in State v.Murry2 and ask whether this case sanctions a warrantless extraction of a blood sample when there is probable cause to believe an individual has been driving under the influence of alcohol or drugs, but the individual has refused such…

2Cases cited11 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Prideaux v. State Dept. of Public SafetySupreme Court of Minnesota · 1976
  3. State v. AdeeSupreme Court of Kansas · 1987
  4. Standish v. Department of RevenueSupreme Court of Kansas · 1984
  5. State v. BrunnerSupreme Court of Kansas · 1973

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