DEFENDER SERVICES OFFICE
TRAINING DIVISION





The Defender Services Office Training Division furthers the right to effective assistance of counsel by providing training and other resources to attorneys appointed under the Criminal Justice Act.





Supreme Court Rejects Blanket Fourth Amendment Exigency Exception for Warrantless DUI Blood Tests

In a decision handed down today in Missouri v. McNeely (No. 11-1425), the Supreme Court held that the natural metabolization of alcohol in the bloodstream does not present a per se exigency that justifies an exception to the Fourth Amendment's warrant requirement for nonconsensual blood testing in all drunk-driving cases.  Instead, "exigency in this context must be determined case by case based on the totality of the circumstances."  For an analysis of the opinion see this SCOTUSblog post
 

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