Sign Up for Mailing List   Contact Us   Advertise    Request Reprints of Articles

NJLawman.com
N E W S,  O P I N I O N,  C O M M E N T A R Y
                                          
 

       L A W   E N F O R C E M E N T   M A G A Z I N E


2014 NJ Police Training & Schools

Visit Us on Facebook

Follow Us on Twitter

Visit
Our
2014
NJ
Police Training
&
Schools Section

 

Features

Home

NJ Law Enforcement

Site Search

Editorials

Roll Call

Opinions

Photo of the Week

Links

Site Map

 

News

Police News

News Archives Nation

News Archives NJ

L/O Duty Deaths

Events

 

Marketplace

LE Equipment

LEO Gifts

 

Click here to receive NJ Law Enforcement Bulletins

 

Training

NJ Police Training

National Training

 

Resources

Invest Resources

NJ Media Center

10 Deadly Sins

NJ Newspapers

Comp Time Law

NJ Most Wanted

Police Videos

Entry Level

Links

Police Poems

National Police Week

 

IA

IA Resource Center

Garrity Warning

 

Forums

Forums

 

NJLawman.com

About Us & Info

Advertise

Contact Us

Contact Us

 

Satellite Phones  An Asset
for Disasters

 

Law Enforcement
&
Police
Grants

 

Stinger Flashlights

What you Need to Know  Before Making a Purchase!

 

PBA Loan


Police and Law Enforcement Home    >    Police News    >    Supreme Court Strikes Down Warrantless Blood Tests for DWI

NJLawman.com

POLICE NEWS

Police and
Law Enforcement News


 

Supreme Court Strikes
Down Warrantless
Blood Tests for DWI

 


NJLawman.com
Wednesday, April 17, 2013  11:22 p.m.

 

The United States Supreme Court struck a sharp blow to DWI enforcement this week.

The long entrenched option of obtaining blood from a drunk driver without first procuring a search warrant, appears to no longer be available, at least in some circumstances.

"We hold that in drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant," said Justice Sonia Sotomayor.

The lone holdout of the 8-1 decision was Justice Clarence Thomas.

Guidance for handling such cases moving forward is expected to come down from the New Jersey Attorney General's Office shortly.

From CNN:

Washington (CNN) -- A man charged with drunk driving won his case at the U.S. Supreme Court on Wednesday, after the justices concluded police should have first obtained a warrant before conducting a blood test against his will, shortly after arrest.

At issue was a balancing test between timely gathering of accurate evidence and privacy interests.

The high court struck down Missouri's guidelines giving police broad discretion to forego getting a judge's prior approval before executing a search.

Law enforcement wants flexibility to conduct such "searches"-- saying alcohol dissipates over time and that delays getting a magistrate to sign off on a blood sample can mean justice denied.

But civil rights advocates say these kinds of "invasive" medical procedures are unnecessary and unconstitutional, absent any extraordinary circumstances negating the warrant requirement.

The ruling did not provide a bright line rule for either side. But it affirmed the existing standard that the "totality of the circumstances" must be considered by police, and was not properly applied in this case.

The court did not offer law enforcement specifics on how much time can elapse before police would reasonably be able to forego warrants and order blood tests.

Half the states prohibit warrantless blood draws by police in "run-of-the-mill" DUI cases.

A copy of the actual decision can be found here.

-NJLawman.com

 

 

 

   

Visit Our 2013 NJ Police Training & Schools Section

Mailing List

Receive New Jersey Law Enforcement bulletins
If you would like to receive New Jersey law enforcement
bulletins and/or law enforcement job announcements, click here.

Police and Law Enforcement Home    Advertise    Submit Your Site
Submit Police News   Police Grants    Police Forums    Police News

Copyright ©2002-2014-All Rights Reserved  Law Enforcement Media Group - (Not an Official Police Department)    PERC

 

S O C I A L    M E D I A