Thursday, April 18, 2013

Can California DUI police authorize a vampire to collect blood from a San Diego drunk driving suspect without a search warrant, attorneys ask after the U.S. Supreme Court case of MISSOURI v. MCNEELY ?

Can California DUI police authorize a vampire to collect blood from a San Diego drunk driving suspect without a search warrant, lawyers are asking today.

Yesterday, the United States Supreme Court said cops usually must try to get a search warrant issued by a DUI Judge prior to getting a blood test for a DUI suspect, California attorneys share.

8 Supreme Justices agreed DUI cops should have gotten a warrant for a Missouri guy named McNeely who gave blood at a hospital.  They had enough drunk driving suspicion evidence to have a judge issue a warrant such as slurred speech, unsteady gait, Field Sobriety Test failures, swerving vehicle, etc.  Guy had 2 priors and would not do a breath test.

The natural dissipation of alcohol in the blood is generally not sufficient reason to jettison the requirement that  police get a judge's approval prior to drawing a sample of one's blood, the court held in this DUI court California attorneys related.


The state of Missouri, the president's administration and Justice Clarence Thomas were the only ones of the view that a warrantless blood test does not violate a person's constitutional rights