TN Highway Patrol to conduct 'no refusal' enforcement Labor Day weekend

[FrodosPet]

26. Opinion recap: Limit on DUI blood testing

http://www.scotusblog.com/2013/04/opinion-recap-limit-on-dui-blood-testing/

A police officer out on patrol who stops a driver who seems to be drunk may not have read through four new Supreme Court opinions and counted the Justices’ votes accurately, but that officer would probably do the sensible thing by getting a warrant before having the driver’s blood tested without consent.

That would be the best thing to do because the bottom line of the Court’s decision Wednesday in Missouri v. McNeely (11-1425) was that every case will be judged on its own facts, so the officer can never know whether failure to get a warrant will scuttle a drunk-driving case altogether.

None of the Court’s four opinions — a majority, two separate opinions supporting the result, and one dissenting opinion — said that officers investigating drunk-driving cases must always get a warrant. But the majority did say that the Constitution does not allow police to get a blood sample without ever having to get a warrant, in any case (as the dissenting opinion suggested). So that sets up the case-by-case approach, suggesting that getting a warrant very likely would remove the doubt.

~snip~