WA Legal Roundup - Washington State Supreme Court
Bringing suit against St. John? Well that's just not very Christian! Turns out its not THE St. John, but merely A St. John. Robert St. John actually. Bob-O tried to argue that because he declined a BAC after he wrecked his hog (okay, it could have been a rice rocket, a Shriner's motorcycle, or even the Tron Lightcycle...I really have no basis for assuming it was a hog), that his refusal to take a BAC meant that they couldn't get a warrant to do the same.
(Tron Guy: Anxiously awaiting a Lightcyle since 1982)
The statute states that "[n]either consent nor this section precludes a police officer from obtaining a search warrant for a person's breath or blood."
As you can imagine, based on, you know...words, the court found that the officer could in fact still get a warrant. Bob-O's arguments of the statute violating due process and notions of equitable estoppel will be going up on Failblog.org later.