The Daily Item, Sunbury, PA


April 17, 2013

Forced Blood Tests Often Need Warrant, High Court Says

Washington — WASHINGTON — Police in many cases need a search warrant before forcing drunken driving suspects to have blood drawn, the Supreme Court said in a ruling that boosts privacy rights on the road.

The justices Wednesday rejected Missouri's contention that police should never have to seek judicial approval. The state argued that officers can't spare the time given how quickly alcohol dissipates in the bloodstream.

Writing for the court, Justice Sonia Sotomayor said police need to seek a warrant when they can do so "without significantly undermining the efficacy of the search."

The ruling was narrower than it might have been, stopping short of declaring a categorical rule that police need a warrant. Sotomayor said that "cases will arise when anticipated delays in obtaining a warrant will justify a blood test without judicial authorization."

Even so, the ruling will have day-to-day implications across the country. More than 1.4 million people are arrested each year in the United States for driving under the influence, according to FBI statistics. About half the 50 states already have laws barring nonconsensual blood draws in the absence of a warrant.

The court splintered in its reasoning in the case. Only three justices — Antonin Scalia, Ruth Bader Ginsburg and Elena Kagan — joined the entirety of Sotomayor's opinion.

The defendant in the case, Tyler G. McNeely, was pulled over for speeding in 2010 by a state highway patrolman in southeast Missouri. McNeely failed field sobriety tests and refused to take a breath test. The officer then took McNeely to a nearby hospital, where a technician drew blood over the handcuffed suspect's objection.

McNeely sought to block use of the blood test at trial. The high court ruling means prosecutors will have to use other evidence in their case.

Missouri argued that getting a nighttime warrant in Cape Girardeau County, where McNeely was arrested, takes an average of two hours, by which point a person's blood alcohol level may have dropped below the legal limit. The Obama administration backed Missouri in the case.

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