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Summary Of Byars V. State, 130 Nev. Adv. Op. 85, Katherine Frank
Summary Of Byars V. State, 130 Nev. Adv. Op. 85, Katherine Frank
Nevada Supreme Court Summaries
The Court determined that (1) pursuant to Missouri v. McNeely[1], the natural dissipation of marijuana in the blood stream does not constitute a per se exigent circumstance permitting a warrantless blood draw, (2) NRS 484C.160(7)[2], which allows officers to use force to obtain blood samples, violates the Fourth Amendment of the United States Constitution[3], and (3) when a warrantless blood draw is nonetheless taken in good faith, evidence obtained from the blood draw is admissible at trial.