Tag Archives: Missouri v. McNeely

No Warrantless Blood Tests in DUI Stops, Says Supreme Court

Suspicion of driving under the influence is not grounds in and of itself for police to draw blood from a suspect without first acquiring a warrant, the Supreme Court ruled today. In Missouri v. McNeely, the Court upheld a Missouri State Supreme Court ruling that police could only take a blood test without a warrant in an emergency or under exigent circumstances. A person’s blood alcohol content naturally dropping over time does not count. “The question presented here is whether the …

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In the Supreme Court: DUI Blood Test Without a Warrant [Radio]

The U.S. Supreme Court is deciding whether police can draw blood from a DUI suspect without the driver’s permission and without a search warrant. In this WBAP Radio 820 AM/ 96.7 FM, Dallas/Fort Worth, Texas interview, Lawyers.com Editor-in-Chief Larry Bodine discusses Missouri v. McNeely.   Outside Cape Girardeau, Mo., police stopped trucker Tyler McNeely for speeding. He was physically unstable, had bloodshot eyes, smelled of alcohol, failed the field sobriety tests and refused the breathalyzer test. This would have been …

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Supreme Court To Rule on Warrantless DUI Blood Tests

The U.S. Supreme Court heard arguments today over whether police should be allowed to take blood samples of suspected drunk drivers without a warrant. The justices are looking at the case of Tyler G. McNeely, who was pulled over for speeding by Missouri police in 2010 after leaving a bar. When police smelled alcohol on his breath and saw other signs of intoxication, McNeely admitted that he had been drinking but refused to take a breathalyzer or blood test. Police …

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