Lower Court Holding in Missouri v. McNeely
Decision of the Missouri Supreme Court
Tyler McNeely refused to consent to an alcohol breath test or a blood test after he was arrested for driving while intoxicated. The arresting patrolman, without seeking a warrant from a judge, ordered a medical professional to draw Defendant’s blood. The trial court sustained Defendant’s motion to suppress the results of the blood test as the nonconsensual and warrantless blood draw was a violation of his Fourth Amendment rights. The issue before the Court is: Under what “special facts” is a nonconsensual and warrantless blood draw in a DWI [driving while intoxicated] case a reasonable search and seizure under the…
