Warrantless Blood Draws????!!!!!

Warrantless DUI Blood Tests Draw Concern from Supreme Court, this article was written by Mark Sherman in the Huffing Post and it left me speechless. This article describes a man named Tyler McNeely who was stopped for erratic driving in a small town located in Missouri. The state trooper then performed several field sobriety test in which McNeely failed, and he proceed to refuse a breathalyzer test to measure his alcohol consumption. After refusing the breathalyzer test the state trooper determined he should have his blood drawn since he clearly had enough evidence for a warrant but the arresting officer failed to obtain one. The officer drove the handcuffed suspect to a hospital where he got his blood drawn from a technician.

Is the 4^th amendment being ignored in America now? Last time I checked the Constitution's prohibits against unreasonable searches and seizures of person and their home. Not to mention the behavior of police officers feeling that they have the power to exact a person’s blood without a warrant is very scary. Police do not have that right unless the delay of the blood drawn could threaten a life or could possibly affect potential evidence. But the office already had enough evidence to charge McNeely with a DUI, he failed all of the field sobriety tests, slurred his words and was very unsteady on his feet. So the fact the state trooper took went above the law to get this man’s blood is absurd.

Thankfully this month, the Supreme Court agreed stating “that by not getting consent or obtaining a warrant from a judge, the blood test constituted an illegal search.” "...The natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant," Justice Sonia Sotomayor wrote for the court.

All in all McNeely may have had a fantastic reason to refuse the breathalyzer and the blood draw. McNeely had two drunk driving convictions on his record already and would be facing a felony charge with a prison term of four years with the two previous convictions.

Commentary #1

I can definitely agree with this blog #4, I am still in shock that the seven year was suspended. What good does making him miss school, teach him about inappropriate behavior? Now I do think he should be talk to about the situation but suspension is going too far. And no the young boy didn’t hurt anyone with his “inappropriate gesture.” If students are well informed about gun safety and the correct procedures about what to look for in an actual gun threat then this situation would have never resulted in suspension.

As far as the high school student having to turn his shirt inside out is absolutely ridiculous. Until schools start enforcing a real “dress code” meaning no cut-off shorts and baggy pants then I don’t want to hear about shirts supports Marine Corps. Furthermore I feel like if it’s that big of an issue than maybe mandatory uniforms should be implemented throughout the United States.