U.S. Supreme Court Holds That More Than Just Dissipating Alcohol Level Needed Before Warrant-Less Search

Last week the United States Supreme Court answered a question lingering around for 47 years.  The Court held that just because alcohol dissipates in the blood stream, it is not automatic grounds to allow for a warrant-less search of blood specimen.  McNeely had been stopped by a police officer after the police officer witnessed him crossing the center-line and speeding.  McNeely refused a breathalyzer and the officer took him to a hospital.  When McNeely refused to provide a blood sample, the officer ordered the technician to take it anyway.  McNeely was determined to be intoxicated.  However, the officer never applied for a search warrant to take the sample.   The Supreme Court was direct and to the point.  The State, in this case Missouri, is not entitled to a per se rule that permits for a warrant-less search absent exigent circumstances.  Dissipating blood-alcohol concentration alone is not an exigent circumstance the Court holds.  See Entire Opinion at:  Missouri v. McNeely