The U.S. Supreme Court Wednesday made it harder for police to take driver blood
tests without a warrant.
There were only partial dissents.
In October 2010, Tyler G. McNeely was pulled over by a Missouri state highway
patrolman for speeding. The patrolman administered a series of standard
field-sobriety tests, and McNeely performed poorly on all of them, the state
said.
The officer drove directly to a nearby hospital, read to McNeely an implied
consent form and then asked him to submit to a blood sample. McNeely refused.
The officer then directed a lab technician to draw a blood sample.
Court records say McNeely's blood-alcohol content was 0.154 percent, almost
twice the legal limit of 0.08 percent. The officer did not obtain a search
warrant before ordering the sample.
"Obtaining a search warrant in the middle of the night in Cape Girardeau County
involves a delay, on average, of approximately 2 hours," the state told the U.S.
Supreme Court. "The generally accepted rate of elimination of alcohol in the
bloodstream is between 0.015 and 0.02 percent per hour."
Because McNeely had two prior convictions for driving while intoxicated, he was
charged with a class D felony under Missouri law, which carries a maximum of
four years in prison.
Eventually, the state Supreme Court ruled in McNeely's case, suppressing the
blood sample evidence. The state court said there had been no "exigent
circumstances" -- no circumstances that called for immediate action -- that
would have excused the failure to obtain a warrant under the Fourth Amendment.
The U.S. Supreme Court agreed.
In the prevailing opinion, Justice Sonia Sotomayor said Supreme Court precedent
on warrantless searches "applies here, where the search involved a compelled
physical intrusion beneath McNeely's skin and into his veins to obtain a blood
sample to use as evidence in a criminal investigation."
She said an exception to a warrant requirement would occur when a "totality of
the circumstances" supports "exigent circumstances.".
Chief Justice John Roberts, joined by three other justices, concurred in part
and dissented in part, saying: "A police officer reading this court's opinion
would have no idea -- no idea -- what the Fourth Amendment requires of him, once
he decides to obtain a blood sample from a drunk driving suspect who has refused
a Breathalyzer test. I have no quarrel with the court's 'totality of the
circumstances' approach as a general matter; that is what our cases require. But
the circumstances in drunk driving cases are often typical, and the court should
be able to offer guidance on how police should handle cases like the one before
us."
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News Column
Supreme Court Limits Blood Alcohol Tests
April 17, 2013
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