Legal Blood Warrant Application

LEGAL BLOOD WARRANT APPLICATION

Court: County: Case No.:

Applicant Name: Title/Agency: Badge/ID:

Subject Name: Date of Birth:

RECITALS

WHEREAS, Applicant is a duly authorized law enforcement officer or prosecutor acting in the course of official duties and seeks a judicial warrant to obtain a sample of the subject's blood for forensic analysis in connection with alleged criminal activity; and

WHEREAS, Applicant has probable cause to believe that the subject has committed the offense of on or about at or near , and that evidentiary value is likely to be present in the subject's blood;

WHEREAS, Applicant asserts that less intrusive means to secure the evidentiary material have been sought or are impracticable for the reasons set forth in the affidavit below, and that exigent circumstances do not preclude the issuance of a warrant authorizing a compelled blood draw where authorized by law.

NOW, THEREFORE

Applicant respectfully moves the Court for the issuance of a warrant authorizing the compelled withdrawal of a venous blood sample from the person identified above and, in support of this application, sets forth the following facts, statements, and legal grounds constituting probable cause.

1. AFFIDAVIT OF PROBABLE CAUSE

The facts set forth above are based on personal observations, witness statements, physical evidence, and investigative leads as indicated. The affiant believes that the evidence will tend to show the presence of relevant substances or markers in the subject's blood that are material and probative to the investigation.

2. LEGAL AUTHORITY AND STANDARD

This application is made pursuant to the Court's authority under applicable law to issue a warrant where probable cause exists for the collection of physical evidence held by a person and where the evidence sought is material to a criminal investigation. Applicant avers that the probable cause standard is satisfied by the facts described in this affidavit.

3. SCOPE OF WARRANT REQUESTED

Applicant requests that the warrant authorize law enforcement officers, and a qualified medical professional acting at the direction of law enforcement, to draw venous blood from the subject in the following manner and scope:

The draw shall be performed by a licensed physician, registered nurse, or other qualified medical professional at within of service of this warrant, using routine, sterile venipuncture techniques. The procedure shall be limited to the minimal invasiveness necessary to obtain the described sample.

4. CHAIN OF CUSTODY, LABORATORY TESTING, AND EVIDENTIARY PRESERVATION

The sample shall be sealed, labeled with unique identifying information, and transported to a forensic laboratory approved by law enforcement. The laboratory shall maintain chain of custody records and return any unused portion in accordance with applicable evidence-retention practices. The sample shall be preserved for a minimum period of unless otherwise directed by the Court.

5. RETURN, INVENTORY, AND REPORT

Applicant requests that, upon completion of the authorized act, the executing officer shall return a written inventory to the issuing Court detailing the items seized (sample identification), the person from whom the sample was taken, who performed the draw, the chain of custody, and the location and date of any testing.

6. NOTICE TO SUBJECT AND COUNSEL

Applicant requests that the Court order that the subject be provided notice of the warrant and a copy of the warrant and inventory when practicable following the blood draw, unless the Court finds that notice would jeopardize the investigation or public safety. If counsel is known and available, counsel shall be notified of the warrant and the results of any testing upon request.

7. MINIMIZATION, PRIVACY, AND LIMITS ON USE

Any invasive procedure shall be limited to collecting only the quantity of blood necessary for forensic testing. Use of the sample and any derivative information shall be limited to investigation and prosecution of the offense described in this application unless further court authorization is obtained.

8. PROPOSED WARRANT LANGUAGE

9. APPLICANT CERTIFICATION

I, the undersigned Applicant, declare under penalty of perjury under the laws applicable to this jurisdiction that the statements set forth in this application and the attached affidavit are true and correct to the best of my knowledge and belief.

GOVERNING LAW; MISCELLANEOUS

This application, any warrant issued pursuant to it, and any action taken thereunder shall be governed by the laws of the jurisdiction in which this Court sits. The Court may impose such additional conditions as are necessary to protect the health and safety of the subject or to preserve evidentiary integrity.

Entire Agreement: This application contains the complete request of Applicant for the relief sought and supersedes any prior oral or written statements regarding the same matters. Severability: If any provision of this application is held invalid, the remaining provisions shall remain in full force and effect. Amendments and Waiver: Any amendment or waiver must be in writing and signed by the Applicant and approved by the Court. Counterparts: This application may be executed in counterparts.

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