Page 40 - Critical Tasks in Law Enforcement 2020-2021 Sessioin
P. 40

Task: Forced Blood Draw DUI Suspects






          Missouri v. McNeely, 133 S.Ct. 1552 (2013).





          • Irrespective of state implied consent laws, there is no automatic

               exigency in driving while impaired cases under the 4 Amendment
                                                                                                            th
               which would allow officers in all cases to force a blood draw to

               prevent the loss of evidence. i.e. dissipation of alcohol levels in

               blood.


          • A forced blood draw would have to be supported by articulated

               exigency beyond the simple dissipation of substances in the blood

               over time.














                                     ©2021 Jack Ryan  Legal & Liability Risk Management Institute                                    39
   35   36   37   38   39   40   41   42   43   44   45