Missouri v. McNeely
The Court Rules That Police Do Not Have Unlimited Power to Order Blood Draws of DWI Suspects
Missouri v. McNeely was featured in Warrantless Blood-Alcohol Tests, Supreme Court Debates (Feb. 2013). The following is excerpted from the summary of the unanimous opinion written by Justice Sotomayor, as prepared by the Court Reporter of Decisions. The principle that a warrantless search of the person is reasonable only if it falls within a recognized exception applies here, where the search involved a compelled physical intrusion beneath McNeely’s skin and into his veins to obtain a blood sample to use as evidence in a criminal investigation. One recognized exception “applies when the exigencies of the situation make the needs…
