Warrantless Blood-Alcohol Tests
Expanded Police Powers During Routine DWI Arrests
Buy Full Issue$19.95Excerpt
In the early morning hours of October 3, 2010, Corporal Mark Winder of the Missouri State Highway Patrol was on duty in Cape Girardeau County, Missouri. He observed a truck exceeding the speed limit and moving erratically, so he stopped the vehicle. He noticed that the driver, Tyler G. McNeely, displayed signs of intoxication — such as bloodshot eyes, slurred speech, and the smell of alcohol on his breath.
Winder asked McNeely to take a sobriety field test, on which he performed poorly. Winder requested that McNeely undergo a portable breath test, but McNeely refused. Winder then arrested McNeely for driving…
Buy Full Issue$19.95In This Issue
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Warrantless Blood-Alcohol Tests
Expanded Police Powers During Routine DWI Arrests
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Inside the Court
College Admissions, Police Searches, and Gay Marriage on the Docket
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Alcohol-Impaired Driving
Overview of the Law and Police Practices
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Lower Court Holding in Missouri v. McNeely
Decision of the Missouri Supreme Court
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Before the Court in Missouri v. McNeely
The Justices Weigh in on Warrantless DUI Blood Tests
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Pro & Con
Can a Law Enforcement Officer Always Order a Blood Sample Taken From a Drunk Driving Suspect Without First Obtaining a Warrant?