Daily Archives: May 6, 2013
On April 17, 2013, the United States Supreme Court issued its long-awaited decision in the case of Missouri vs. McNeely.
The DUI case involved the right of police officers to forcefully take a blood sample from a driver without his consent or a search warrant. The Court ruled that absent any exigent circumstances, such a taking of blood constituted a violation of the 4th Amendment's right to be free from unreasonable searches of the person. Natural dissipation of alcohol from the system (present in every case) did not constitute such an exigency.
I am flattered and greatly honored that in his written opinion Chief Justice Roberts cited my book, Drunk Driving Defense (7th edition), as recognized legal authority in the field.