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State v. Muldowny,
871 So.2d 911 (Fla. App. 2004): Florida DUI case where the defendant sought through discovery "to inspect and copy and potentially use at trial or hearing the operator's manuals, maintenance manuals, and schematics of the intoxilyzer." The Court held that the defendant is entitled to these things and since the State refused to provide them, suppression of the test results was an appropriate sanction. Although the opinion does not mention the computer source code specifically, I think it is encompassed by the request. I do not know how Oklahoma courts have dealt with such discovery requests but I think a powerful argument could be made that an accused in Oklahoma is entitled to these things. This puts a lot of pressure on the maker of the machine because some of the information requested is propriety trade secrets that they would be loathe to divulge.
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