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HUMPHREY v. APPELLATE DIVISION

No. S101047.

127 Cal.Rptr.2d 645 (2002)

29 Cal.4th 569

58 P.3d 476

Eric HUMPHREY, Petitioner, v. The APPELLATE DIVISION of the Superior Court of Los Angeles County, Respondent; The People, Real Party in Interest.

Supreme Court of California.

December 9, 2002.

Attorney(s) appearing for the Case

Michael P. Judge, Public Defender, Victor Acevedo and John Hamilton Scott, Deputy Public Defenders, for Petitioner.

No appearance for Respondent.

Rockard J. Delgadillo, City Attorney, Debbie Lew, Assistant City Attorney, and Katharine H. MacKenzie, Deputy City Attorney, for Real Party in Interest.

BROWN, J.

Responding to concerns about the potential spread of the virus that causes acquired immune deficiency syndrome (AIDS), the Legislature enacted Penal Code section 1524.1,1 which authorizes a court to issue a search warrant to test a criminal defendant's blood for human immunodeficiency virus (HIV) when certain sexual offenses are charged.2 The warrant...

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