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STATE v. ADEE

No. 60,466

241 Kan. 825 (1987)

740 P.2d 611

STATE OF KANSAS, Appellant, v. JERRY A. ADEE, Appellee.

Supreme Court of Kansas.

Opinion filed July 17, 1987.

Attorney(s) appearing for the Case

John McNish, county attorney, argued the cause, and Robert T. Stephan, attorney general, was with him on the brief for appellant.

Robert L. Pottroff, of Myers & Pottroff, of Manhattan, argued the cause and was on the brief for appellee.

The opinion of the court was delivered by

McFARLAND, J.:

This is an appeal by the State upon a question reserved as authorized by K.S.A. 22-3602(b)(3). At issue is the propriety of a district court ruling that K.S.A. 1986 Supp. 8-1001(g) does not permit a law enforcement officer to obtain a search warrant for a blood sample of a person arrested for driving under the influence of alcohol (K.S.A. 1986 Supp. 8-1567) over the person's refusal to submit to alcohol...

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