Page 32 - November December 2019 TPA Journal

Indeed, in many unconscious-driver cases, the shrunk, but it has not disappeared. In the
exigency will be more acute, as elaborated in the emergency scenarios created by unconscious
briefing and argument in this case. A driver so drunk drivers, forcing police to put off other tasks for even
as to lose consciousness is quite likely to crash, a relatively short period of time may have terrible
especially if he passes out before managing to park. collateral costs. That is just what it means for these
And then the accident might give officers a slew of situations to be emergencies.
urgent tasks beyond that of securing (and working
around) medical care for the suspect. Police may (emphasis by ed.)
have to ensure that others who are injured receive When police have probable cause to believe a
prompt medical attention; they may have to provide
person has committed a drunk-driving offense and
first aid themselves until medical personnel arrive at
the driver’s unconsciousness or stupor requires
the scene. In some cases, they may have to deal with
him to be taken to the hospital or similar facility
fatalities. They may have to preserve evidence at the before police have a reasonable opportunity to
scene and block or redirect traffic to prevent further administer a standard evidentiary breath test, they
accidents. These pressing matters, too, would
may almost always order a warrantless blood test
require responsible officers to put off applying for a
to measure the driver’s BAC without offending the
warrant, and that would only exacerbate the delay—
Fourth Amendment. We do not rule out the
and imprecision—of any subsequent BAC test. In possibility that in an unusual case a defendant
sum, all these rival priorities would put officers, would be able to show that his blood would not
who must often engage in a form of triage, to a
have been drawn if police had not been seeking
dilemma. It would force them to choose between
BAC information, and that police could not have
prioritizing a warrant application, to the detriment
reasonably judged that a warrant application
of critical health and safety needs, and delaying the would interfere with other pressing needs or
warrant application, and thus the BAC test, to the duties. Because Mitchell did not have a chance to
detriment of its evidentiary value and all the
attempt to make that showing, a remand for that
compelling interests served by BAC limits. This is
purpose is necessary. * * * The judgment of the
just the kind of scenario for which the exigency rule
Supreme Court of Wisconsin is vacated, and the
was born—just the kind of grim dilemma it lives to case is remanded for further proceedings
dissolve.
Mitchell v. Wisconsin, U.S. Supreme Court, June
Mitchell objects that a warrantless search is
27, 2019.
unnecessary in cases involving unconscious drivers
because warrants these days can be obtained faster ////
and more easily. But even in our age of rapid
communication, “[w]arrants inevitably take some JAIL INJURY – STATE LAW NEGLIGENCE
time for police officers or prosecutors to complete CASE (Note: this is NOT a Federal Civil rights
and for magistrate judges to review. Telephonic and case which is how these claims are more commonly
electronic warrants may still require officers to asserted)
follow time-consuming formalities designed to
create an adequate record, such as preparing a In this summary-judgment appeal, we consider the
duplicate warrant before calling the magistrate liability standard that applies to an inmate’s suit for
personal injury allegedly sustained during his
judge. . . . And improvements in communications
incarceration in the county jail. The inmate’s injury
technology do not guarantee that a magistrate judge
was allegedly caused by a defective chair that
will be available when an officer needs a warrant
after making a late-night arrest.” In other words, collapsed during the inmate’s treatment for
with better technology, the time required has diabetes. At issue is the application of two statutes
that generally protect governmental actors and

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