Early in the morning hours, McNeely was stopped by Missouri police for speeding and erratic driving. He
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Early in the morning hours, McNeely was stopped by Missouri police for speeding and erratic driving. He was required to take a blood test after he refused a breath test with a portable machine. His blood alcohol content was about twice the legal limit. He was charged with driving while intoxicated. Was the warrantless blood test an unreasonable search? Explain. See Missouri v. McNeely, 133 S. Ct. 1552 (2013).
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In Missouri v McNeely the US Supreme Court held that the natural dissipation of alcohol in the bloodstream does not create a per se exigency that justifies a warrantless blood test in drunk driving investigations In the case at hand McNeely was stopped for speeding and erratic driving and he refused to take a breath test with a portable machine The police then obtained a warrantless blood test which showed that his blood alcohol content was about twice the legal limit McNeely challenged the blood ...View the full answer
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ISBN: 9781260247794
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Authors: Tony McAdams, Kiren Dosanjh Zucker, Kristofer Neslund, Kari Smoker
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