Police Can’t Draw Blood Without a Warrant if Suspect Refuses to Submit.

The following case, summarized at the link that follows, has been hailed as an overdue restraint on the power of police nationwide.  Police have routinely characterized the natural dissipation of blood alcohol content due to a suspect metabolizing the alcohol as an emergency.  Nothing could be further from the truth.  It is predictable and not suprising at all.  However, such an “emergency” has allowed police the power to avoid getting a warrant to perform a forced blood draw.  The following case, Missouri v. McNeely, restores the Fourth Amendment back into the rights of drivers facing DUI.



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