In Kansas, when law enforcement suspects a driver of driving under the influence (DUI), they often seek to obtain a blood sample to measure blood alcohol content (BAC) or detect drugs. While some drivers voluntarily submit to a blood test, others refuse, prompting officers to seek a search warrant for blood. In a garden variety Kansas DUI case involving alcohol, the officer will usually request a breath test first and then apply for a warrant for blood if the driver refuses. If the officer does not suspect alcohol, or when there has been an accident, they will often go straight to a blood test. If the driver refuses to consent, the officer will often apply for a search warrant. But what happens if the warrant is based on falsehoods or omissions? Could this impact the case? Let’s break it down.
When Do Officers Need a Search Warrant for Blood in Kansas?
Under Kansas law, a law enforcement officer can request a blood, breath or other bodily fluids test whenever he or she has probable cause to believe that a driver is DUI. However, due to court rulings such as Birchfield v. North Dakota, 579 U.S. 438 (2016), law enforcement cannot force a blood draw without either consent or a warrant (except in limited emergency situations).
If a driver refuses a breath or blood test, officers must apply for a search warrant from a judge, outlining:
• Why they believe the driver is under the influence, including any driving behaviors or the fact that there was an accident,
• Observations of impairment (e.g., slurred speech, odor of alcohol, failed sobriety tests),
• Circumstances that justify a blood draw, including whether the driver has refused to consent to testing.
If the judge finds probable cause, they issue a warrant allowing officers to take the suspect to a medical facility for a blood draw. If the driver still refuses to submit to the blood test after a warrant has been issued, the officer can use force – i.e., hold the driver down or strap them to a chair – to get the blood. Refusal to permit a search after an officer has a warrant can also result in additional charges for interference with a police officer or obstruction of justice.
What If There Are Falsehoods or Omissions in the Warrant?
Just like any search warrant, a warrant for blood in a Kansas DUI case must be based on truthful and complete information. If the affidavit supporting the warrant contains false statements or omits key facts, it can impact the case significantly.
Kansas follows the Franks v. Delaware (438 U.S. 154, 1978) standard, meaning that:
1. If the defendant shows that an officer knowingly or recklessly included false information in the warrant affidavit, and
2. If, after removing the falsehood, the warrant lacks probable cause,
3. Then, the warrant is invalid, and the blood test results may be suppressed.
Similarly, if an officer omitted important facts that would have changed the judge’s decision to issue the warrant, courts can invalidate the warrant.
Kansas Case Law on Falsehoods or Omissions in Warrants
Kansas courts have addressed falsehoods and omissions in search warrants, reinforcing the Franks v. Delaware doctrine. Here are a few key cases:
• State v. Jacques, 225 Kan. 38 (1978): The Kansas Supreme Court ruled that if an officer knowingly or recklessly includes false information in a warrant affidavit, and the remaining evidence does not establish probable cause, the warrant is void.
• State v. Cowdin, 25 Kan. App. 2d 176 (1998): This case clarified that omissions in a warrant affidavit are just as problematic as falsehoods—if they are material enough to change the probable cause determination.
• State v. Hendricks, 32 Kan. App. 2d 1100 (2003): Deliberate omissions of critical facts in a warrant affidavit were found to undermine the warrant’s validity, reinforcing that officers must provide a full and truthful account when seeking a warrant.
What Happens If a DUI Blood Warrant Is Invalid?
If a court determines that a search warrant for blood was based on false or misleading information, the following can happen:
• Suppression of Evidence – The results of the blood test may be thrown out, meaning prosecutors cannot use BAC or drug test results in court.
• Dismissal or Reduction of Charges – If the blood test was crucial to the case, the DUI charges could be dismissed or reduced to a lesser offense.
• Officer Credibility Issues – If a court finds that an officer knowingly lied or omitted information, it can affect future cases involving that officer.
How Can a Kansas DUI Defense Attorney Challenge a Blood Warrant?
If you are facing DUI charges and suspect that the warrant for your blood test was based on falsehoods or omissions, an experienced Kansas DUI defense attorney can:
• File a motion to suppress evidence based on a Franks challenge
• Cross-examine the officer’s statements and affidavit
• Review bodycam footage or police reports to identify inconsistencies
• Argue that the remaining evidence lacks probable cause without the falsehood or omission
Final Thoughts
Search warrants for blood are a powerful tool for law enforcement in Kansas DUI cases, but they must be truthful and complete. If an officer lies or omits key facts in the warrant affidavit, the warrant may be invalid, leading to suppressed evidence or even dismissed charges.
If you or someone you know is facing a DUI charge based on a blood test, it’s essential to consult a skilled Kansas DUI defense attorney to review the validity of the search warrant and protect your rights.