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The United States Supre Court recently decided to hear a case that could have an impact on the approximately 1.4 million people who are arrested nationwide for driving while intoxicated each year. The legal issue before the court is whether those who have been stopped on suspicion of DWI have Fourth Andnt protection against forced blood tests.
The case, Missouri v. McNeely, began when a highway patrol officer in Missouri pulled over Tyler McNeely for speeding. During the stop Aron Johannsson Jersey , the officer claid that McNeely's behavior gave him cause to believe that he was intoxicated. The officer ordered McNeely out of the car and administered a field sobriety test; McNeely perford the test poorly. Due to McNeely's performance on the test, the officer asked him to submit to a blood test.
McNeely did not consent to the blood test. Because of this, the officer drove him to a clinic and instructed a staff mber to draw blood from McNeely, over his protests. When the results of the blood test ca back, they owed that McNeely's blood alcohol level was nearly o tis the legal limit. As a result, McNeely was arrested for DWI.
Before the trial, McNeely's lawyers made a motion to exclude the blood test results from being used as evidence at the trial. To support the motion Matt Besler Jersey , the attorneys argued that the blood test results are inadmissible as evidence, because no search warrant was issued.
Prosecutors said that the blood test was admissible as evidence. They argued that in the ti it would take to procure a warrant, the alcohol in McNeely's system would be tabolized. They argued that officers were legally justified in drawing the blood without a warrant, because a delay would cause a destruction of evidence and would weaken their claim that McNeely was driving drunk.
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