Thursday, May 30, 2013

California DMV recognizes the 4th Amendment to the U.S. Constitution and must observe McNeely, California DUI attorneys remind

Section 12.084 of DMV Manual reminds California DUI lawyers that DMV must follow the 4th Amendment.   California DUI attorneys understand the U.S. Constitution guarantees against unreasonable search and seizures.  DMV hearing officers should, too.  Direct them to this part of their manual.

McNeely was recently cited in Missouri v. Reed (2013) 213 Mo.App. LEXIS 632, upholding the trial court's 
granting of a DUI attorney's motion to suppress warrantless blood draw:

"Although the trial court did not have the benefit of the United States Supreme Court case, Missouri v. McNeely, No. 11....1425, 81 USLW 4250 (U.S. April 17, 2013), the trial court presciently anticipated the holding that 
the natural metabolization of alcohol does not present a per se exigency that justifies an exception to the Fourth Amendment' s warrant requirement. 

The trial court correctly used a totality of the circumstances test and determined there were no special facts or exigent circumstances justifying an exception to the search warrant requirement."