Crider v. State (Original)
Annotate this CaseA jury convicted defendant of driving while intoxicated after the trial judge denied his motion to suppress evidence obtained from a search warrant for blood. The court of appeals held that the search-warrant affidavit established probable cause to believe that evidence of intoxication would be found in defendant's blood even though the officer did not specify when, on the day before he obtained the search warrant, he had stopped defendant. At issue was whether a search-warrant affidavit for blood must contain the time the DWI arrestee was stopped. The court held that, under the totality of the circumstances standard set out in State v. Jordan, the affidavit in this case was not sufficient to show probable cause because there could have been a twenty-five-hour gap between the time the officer first stopped defendant and the time he obtained a search warrant for blood. Therefore, the court reversed the judgment of the court of appeals.
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