Blood sample warrant.

[Red253]

In Washington state, does An officer need to get a separate warrant for extra vials of blood if they dropped the first 2 vials (they shattered)? The warrant they got was for two vials.

 

[quincy]

In Washington state, does An officer need to get a separate warrant for extra vials of blood if they dropped the first 2 vials (they shattered)? The warrant they got was for two vials.

Probably not. The warrant was good for two vials of blood that could be tested.

edit to add an additional note: Most warrants will say "one or more vials."

 

[CavemanLawyer]

Interesting scenario. I'd say that you'd have to really parse the language of the warrant to be certain but as long as this is all happening within a relatively short amount of time then they shouldn't need a second warrant. As long as the second draw is happening while the warrant is still considered to be ongoing it would be ok. If enough time passed or if the officer filled out the return and "returned" it to the court then the warrant has already been served and you'd have to go get another one.

 

[quincy]

Here, for informational purposes, is a link to the standard search warrant used in the State of Washington for blood draws:

http://www.wsp.wa.gov/breathtest/docs/webdms/DRE_Forms/Forms/Search_Warrant_for_Blood_(print)_(7-14).pdf

 

[HighwayMan]

Maybe if the OP was drunk enough he gave consent for the second draw without remembering it.

 

[quincy]

Maybe if the OP was drunk enough he gave consent for the second draw without remembering it.

Possibly, but Red253 never said this was about a blood draw on him. Red253 could be the one who drew the blood.