Forced Blood Draws, DUIs, and Suppression of Blood Evidence under the Fourth Amendment
DUI Blood Draws Justified on grounds of Exigent Circumstances under the Schmerber and McNeely decisions. In Schmerber v. California (1966) 384 U.S. 757, the US Supreme Court determined that a warrantless compulsory seizure of blood for the purpose of a blood-alcohol test did not offend the Fourth Amendment if the procedure: (1) is … Continue reading Forced Blood Draws, DUIs, and Suppression of Blood Evidence under the Fourth Amendment
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