Saturday, April 20, 2013

Supreme Court Rules No Way on Unconsented / Unwarranted DWI Blood Tests

The Nine Justices of SCOTUS
Rule 8 to 1 on Police DWI Blood Cases

Well before it got to the highest court in the land, a driver in Missouri pulled over for DWI refused a breath test. So the angry police officer took him to the hospital, and directed a nurse to take his blood.

This was without his consent (permission) and without a search (court) warrant from a Judge. Going back to our 4th Amendment to the Constitution: NO Unreasonable Search and/or Seizure.

So the case went all the way to SCOTUS (The Supreme Court of the United States) to decide the:

Question: Can police in a DUI/DWI take blood (your body fluids) without a search warrant?

This is not a new question, if fact this is an old question BUT the police were looking for (more like hoping for) a NEW answer from the nation's highest court in 2013.

Yes the District Attorney screamed this is a DWI/DUI case so let's trample the Constitution, the prosecution argued in their favor (to get the blood) that alcohol leaves the blood stream quickly.

The Loosey-Goosey Two Hour Rule

Even though they have two hours in New York State to get a sample, and even if they do not get it in within the two hours it can still be used against you. Only it will have less weight on the scales of justice. That is the new case law, in the past it was suppressed, NOW we let a jury give it "weight" as in credibility. Remember we have Driving WHILE Intoxicated. So if the "while" is longer and longer from the actual test, it's relevance and accuracy become more and more questionable. Amen!

The Court ruled 8 to 1 against taking blood samples without a warrant, NO WAY they said.
No warrant = no blood = no breath = no sample of your fluids. In the end the Missouri driver with a .14 BAC had the blood test thrown out ie. suppressed from being evidence.

You want it, they told the police and the prosecutors, then you have plenty of time to go get a search warrant from a Judge. Follow that 4th amendment.

Thank G-d.

Dr. Lawrence (Larry) Newman

Attorney and Counselor at Law
Doctor of Chiropractic

504 North Aurora Street
Ithaca, New York 14850