Sep 262012
 September 26, 2012  Posted by  Court

Terry Baynes and Jonathan Stempel report:

The Supreme Court will soon consider whether police must get a warrant before forcing a suspected drunken driver to submit to a blood test, a case that could set a new legal standard for motorists’ privacy.

Read more of this Reuters story on Chicago Tribune.

The case is Missouri v. McNeely and you can find the court filings on SCOTUSblog. Missouri (and law enforcement) hope to overturn the state court’s ruling that because there were no exigent circumstances in this case, a warrant was required.  The state wants a blood draw in suspected cases of DUI always considered as an exigent circumstance exception to the Fourth Amendment because the blood alcohol level dissipates with time.

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