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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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