Newspaper article The Christian Science Monitor

Forced Blood Test for a Drunk-Driving Suspect? Supreme Court to Step In

Newspaper article The Christian Science Monitor

Forced Blood Test for a Drunk-Driving Suspect? Supreme Court to Step In

Article excerpt

The US Supreme Court announced on Tuesday that it will take up a case examining whether police officers need a warrant before administering an involuntary blood test to a suspected drunk driver.

Although the case deals with a relatively routine interaction between police and motorists, the underlying legal issue will help define the scope of Fourth Amendment protections against unreasonable searches involving forced blood tests.

The case, Missouri v. McNeely (11-1425), stems from an October 2010 traffic stop by a Missouri state highway patrol officer near Cape Girardeau.

The officer pulled Tyler McNeely over at about 2 a.m. for allegedly exceeding the speed limit by 11 miles per hour. During the routine stop, Officer Mark Winder noticed signs that Mr. McNeely might be intoxicated. He asked the driver to step out of the car and take four field sobriety tests. After McNeely performed poorly, the trooper asked the driver to submit to an alcohol breath test.

McNeely refused.

The trooper then transported McNeely to a medical clinic. After the driver refused to submit voluntarily to a blood test, Officer Winder directed a clinic staff member to draw blood without the suspects permission.

The test showed McNeelys blood-alcohol level was well above the legal limit. He was charged with driving while intoxicated.

If convicted, it would be McNeelys third DWI offense and bring a potential four-year prison term.

Prior to his trial, McNeelys lawyer filed a motion to suppress the blood sample on grounds that the arresting officer had failed to first obtain a search warrant.

Prosecutors fought the motion, arguing that the officer was justified in ordering the blood-test immediately without a warrant because the longer he waited to perform the test the more the alcohol in the suspects system would be metabolized. In effect, any delay would mean the continued destruction of evidence.

Officer Winder also stated later that he had read a recent article that Missouri law was changed to waive the requirement to obtain court-authorization prior to performing a blood test. …

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