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State V. Sample, 134 Nev. Adv. Op. 23 (Apr. 5, 2018), Sara Schreiber
State V. Sample, 134 Nev. Adv. Op. 23 (Apr. 5, 2018), Sara Schreiber
Nevada Supreme Court Summaries
Gregory Frank Allen Sample (“Sample”) was arrested for driving under the influence. He had failed a preliminary breath test (“PBT”). The results of the failed PBT were used to obtain a search warrant for an evidentiary blood draw. The district court suppressed the PBT results because it concluded that the results were obtained in violation of Sample’s Fourth Amendment rights. The district court also suppressed the evidentiary blood draw because it was the fruit of an illegal search. The Court held that the district court erred in invalidating the telephonic search warrant and that the evidentiary blood draw should not …