State v. Waring’s Empirical Analysis

Citation profile

2 federal appellate · 7 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “A blood sample analysis is admissible in a criminal trial even without consent when the sample is drawn incident to an accused’s valid arrest for an alcohol-related traffic offense. Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966); State v. Setter, 721 S.W.2d 11, 16 (Mo.App.1986). Similarly, a blood sample may be seized under a search warrant if it is evidence of the commission of a criminal offense. Section 542.271.1(1). The test results of such samples are admissible in evidence. State v. Trice, supra at 248. It logically follows that the results of alcohol level tests done on blood samples of an accused performed under the direction of the accused’s physician are admissible. The absence of consent, implied or oth erwise, is not an absolute barrier to the admissibility of the results of a blood test. In this case the admissibility of the blood analysis was not founded on samples obtained pursuant to Section 577.020. The results were disclosed by a seizure under a search warrant.”

   1 later decision quote this exact passage
   e.g. State v. Smith