The State : Order OKd for Gay’s Blood

A San Jose Superior Court judge approved issuing a search warrant to obtain a homosexual Sunnyvale man’s blood sample for an AIDS test on the grounds that the man may have infected a police officer. An attorney for the man, Glen Allen Rice, 21, said she would advise him to submit. At issue was the precedent-setting order of a Palo Alto Municipal Court judge. In what is believed to be the first use of a new state law, Municipal Judge Stephen V. Manley on March 13 issued a search warrant to obtain blood samples from Rice for the purpose of AIDS testing. A Superior Court judge issued a stay the next day, setting the stage for another hearing before a second Superior Court judge, Jack Komar, who approved the search warrant. Rice was arrested on suspicion of drunk driving Jan. 29. During the arrest he was cut on the arms and so was Officer John Credi, who became fearful--after disclosure of Rice’s sexual orientation--that blood from the injuries may have been mixed.