missouri
mcneely
argued
january
decided
april
respondent
mcneely
stopped
missouri
police
officer
speeding
crossing
centerline
declining
take
breath
test
measure
blood
alcohol
concentration
bac
arrested
taken
nearby
hospital
blood
testing
officer
never
attempted
secure
search
warrant
mcneely
refused
consent
blood
test
officer
directed
lab
technician
take
sample
mcneely
bac
tested
well
legal
limit
charged
driving
intoxicated
dwi
moved
suppress
blood
test
result
arguing
taking
blood
without
warrant
violated
fourth
amendment
rights
trial
agreed
concluding
exigency
exception
warrant
requirement
apply
apart
fact
mcneely
blood
alcohol
dissipating
circumstances
suggested
officer
faced
emergency
state
affirmed
relying
schmerber
california
upheld
dwi
suspect
warrantless
blood
test
officer
might
reasonably
believed
confronted
emergency
delay
necessary
obtain
warrant
circumstances
threatened
destruction
evidence
case
state
found
involved
routine
dwi
investigation
factors
natural
dissipation
blood
alcohol
suggested
emergency
thus
nonconsensual
warrantless
test
violated
mcneely
right
free
unreasonable
searches
person
held
judgment
affirmed
affirmed
justice
sotomayor
delivered
opinion
respect
parts
iv
concluding
investigations
natural
dissipation
alcohol
bloodstream
constitute
exigency
every
case
sufficient
justify
conducting
blood
test
without
warrant
pp
principle
warrantless
search
person
reasonable
falls
within
recognized
exception
see
robinson
applies
search
involved
compelled
physical
intrusion
beneath
mcneely
skin
veins
obtain
blood
sample
use
evidence
criminal
investigation
one
recognized
exception
applies
exigencies
situation
make
needs
law
enforcement
compelling
warrantless
search
objectively
reasonable
kentucky
king
looks
totality
circumstances
determining
whether
exigency
exits
see
brigham
city
stuart
applying
approach
schmerber
found
warrantless
blood
test
reasonable
considering
facts
circumstances
case
carefully
basing
holding
specific
facts
including
alcohol
levels
decline
drinking
stops
testing
delayed
officers
transported
injured
suspect
hospital
investigated
accident
scene
pp
state
nonetheless
seeks
per
se
rule
contending
exigent
circumstances
necessarily
exist
officer
probable
cause
believe
person
driving
influence
alcohol
bac
evidence
inherently
evanescent
though
person
blood
alcohol
level
declines
alcohol
eliminated
follow
depart
careful
assessment
exigency
officers
investigations
reasonably
obtain
warrant
blood
sample
drawn
without
significantly
undermining
efficacy
search
fourth
amendment
mandates
see
mcdonald
circumstances
may
make
obtaining
warrant
impractical
alcohol
dissipation
support
exigency
reason
decide
case
facts
schmerber
accept
considerable
overgeneralization
per
se
rule
reflect
richards
wisconsin
blood
testing
different
critical
respects
cases
unlike
situation
suspect
control
easily
disposable
evidence
see
cupp
murphy
bac
evidence
naturally
dissipates
gradual
relatively
predictable
manner
moreover
officer
must
typically
take
dwi
suspect
medical
facility
obtain
trained
medical
professional
assistance
blood
test
conducted
delay
time
arrest
accident
time
test
inevitable
regardless
whether
warrant
obtained
state
rule
also
fails
account
advances
years
since
schmerber
decided
allow
expeditious
processing
warrant
applications
particularly
contexts
like
investigations
evidence
supporting
probable
cause
simple
natural
dissipation
alcohol
blood
may
support
exigency
finding
specific
case
schmerber
categorically
pp
state
sought
per
se
rule
argue
exigent
circumstances
particular
case
arguments
record
thus
provide
adequate
framework
detailed
discussion
relevant
factors
taken
account
determining
reasonableness
acting
without
warrant
suffices
say
metabolization
alcohol
bloodstream
ensuing
loss
evidence
among
factors
must
considered
deciding
whether
warrant
required
pp
justice
sotomayor
joined
justice
scalia
justice
ginsburg
justice
kagan
concluded
part
iii
arguments
advanced
state
amici
support
per
se
rule
unpersuasive
concern
approach
exigency
provide
adequate
guidance
law
enforcement
officers
may
make
desire
rule
understandable
fourth
amendment
tolerate
adoption
overly
broad
categorical
approach
context
totality
circumstances
approach
hardly
unique
within
fourth
amendment
jurisprudence
see
illinois
wardlow
also
contend
privacy
interest
implicated
minimal
motorists
diminished
expectation
privacy
diminish
privacy
interest
preventing
government
agent
piercing
skin
though
blood
test
conducted
medical
setting
trained
personnel
less
intrusive
bodily
invasions
never
retreated
recognition
compelled
intrusion
human
body
implicates
significant
constitutionally
protected
privacy
interests
finally
government
general
interest
combating
drunk
driving
justify
departing
warrant
requirement
without
showing
exigent
circumstances
make
securing
warrant
impractical
particular
case
pp
sotomayor
announced
judgment
delivered
opinion
respect
parts
iv
scalia
kennedy
ginsburg
kagan
joined
opinion
respect
parts
iii
scalia
ginsburg
kagan
joined
kennedy
filed
opinion
concurring
part
roberts
filed
opinion
concurring
part
dissenting
part
breyer
alito
joined
thomas
filed
dissenting
opinion
opinion
notice
opinion
subject
formal
revision
publication
preliminary
print
reports
readers
requested
notify
reporter
decisions
washington
typographical
formal
errors
order
corrections
may
made
preliminary
print
goes
press
missouri
petitioner
tyler
mcneely
writ
certiorari
missouri
april
justice
sotomayor
announced
judgment
delivered
opinion
respect
parts
iv
opinion
respect
parts
iii
justice
scalia
justice
ginsburg
justice
kagan
join
schmerber
california
upheld
warrantless
blood
test
individual
arrested
driving
influence
alcohol
officer
might
reasonably
believed
confronted
emergency
delay
necessary
obtain
warrant
circumstances
threatened
destruction
evidence
internal
quotation
marks
omitted
question
presented
whether
natural
metabolization
alcohol
bloodstream
presents
per
se
exigency
justifies
exception
fourth
amendment
warrant
requirement
nonconsensual
blood
testing
cases
conclude
hold
consistent
general
fourth
amendment
principles
exigency
context
must
determined
case
case
based
totality
circumstances
highway
patrol
approximately
missouri
police
officer
stopped
tyler
mcneely
truck
observing
exceed
posted
speed
limit
repeatedly
cross
centerline
officer
noticed
several
signs
mcneely
intoxicated
including
mcneely
bloodshot
eyes
slurred
speech
smell
alcohol
breath
mcneely
acknowledged
officer
consumed
couple
beers
bar
app
appeared
unsteady
feet
exited
truck
mcneely
performed
poorly
battery
tests
declined
use
portable
device
measure
blood
alcohol
concentration
bac
officer
placed
arrest
officer
began
transport
mcneely
station
house
mcneely
indicated
refuse
provide
breath
sample
officer
changed
course
took
mcneely
nearby
hospital
blood
testing
officer
attempt
secure
warrant
upon
arrival
hospital
officer
asked
mcneely
whether
consent
blood
test
reading
standard
implied
consent
form
officer
explained
mcneely
state
law
refusal
submit
voluntarily
test
lead
immediate
revocation
driver
license
one
year
used
future
prosecution
see
mo
ann
stat
west
mcneely
nonetheless
refused
officer
directed
hospital
lab
technician
take
blood
sample
sample
secured
approximately
subsequent
laboratory
testing
measured
mcneely
bac
percent
well
legal
limit
percent
see
mcneely
charged
driving
intoxicated
dwi
violation
moved
suppress
results
blood
test
arguing
relevant
part
circumstances
taking
blood
chemical
testing
without
first
obtaining
search
warrant
violated
rights
fourth
amendment
trial
agreed
concluded
exigency
exception
warrant
requirement
apply
apart
fact
cases
involving
intoxication
mcneely
blood
alcohol
metabolized
liver
circumstances
suggesting
officer
faced
emergency
practicably
obtain
warrant
cir
cape
giradeau
div
ii
mar
app
pet
cert
appeal
missouri
appeals
stated
intention
reverse
transferred
case
directly
missouri
ed
june
missouri
affirmed
per
curiam
recognizing
decision
schmerber
california
provide
backdrop
analysis
missouri
held
schmerber
directs
lower
courts
engage
totality
circumstances
analysis
determining
whether
exigency
permits
nonconsensual
warrantless
blood
draw
concluded
schmerber
requires
mere
dissipation
evidence
support
warrantless
blood
draw
case
according
exigency
depends
heavily
existence
additional
facts
whether
officer
delayed
need
investigate
accident
transport
injured
suspect
hospital
case
schmerber
finding
unquestionably
routine
dwi
case
factors
natural
dissipation
suggested
emergency
held
nonconsensual
warrantless
blood
draw
violated
mcneely
fourth
amendment
right
free
unreasonable
searches
person
granted
certiorari
resolve
split
authority
question
whether
natural
dissipation
alcohol
bloodstream
establishes
per
se
exigency
suffices
justify
exception
warrant
requirement
nonconsensual
blood
testing
see
affirm
ii
fourth
amendment
provides
relevant
part
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
warrants
shall
issue
upon
probable
cause
cases
held
warrantless
search
person
reasonable
falls
within
recognized
exception
see
robinson
principle
applies
type
search
issue
case
involved
compelled
physical
intrusion
beneath
mcneely
skin
veins
obtain
sample
blood
use
evidence
criminal
investigation
invasion
bodily
integrity
implicates
individual
personal
expectations
privacy
winston
lee
see
also
skinner
railway
labor
executives
first
considered
fourth
amendment
restrictions
searches
schmerber
case
blood
sample
drawn
defendant
suspected
driving
influence
alcohol
noting
earch
warrants
ordinarily
required
searches
dwellings
reasoned
absent
emergency
less
required
intrusions
human
body
concerned
even
search
conducted
following
lawful
arrest
explained
importance
requiring
authorization
detached
allowing
law
enforcement
officer
invade
another
body
search
evidence
guilt
indisputable
great
ibid
quoting
johnson
noted
warrant
requirement
subject
exceptions
one
exception
one
issue
case
applies
exigencies
situation
make
needs
law
enforcement
compelling
warrantless
search
objectively
reasonable
fourth
amendment
kentucky
king
slip
internal
quotation
marks
brackets
omitted
variety
circumstances
may
give
rise
exigency
sufficient
justify
warrantless
search
including
law
enforcement
need
provide
emergency
assistance
occupant
home
michigan
fisher
per
curiam
engage
hot
pursuit
fleeing
suspect
santana
enter
burning
building
put
fire
investigate
cause
michigan
tyler
relevant
also
recognized
circumstances
law
enforcement
officers
may
conduct
search
without
warrant
prevent
imminent
destruction
evidence
see
cupp
murphy
ker
california
plurality
opinion
contexts
necessarily
involve
equivalent
dangers
warrantless
search
potentially
reasonable
compelling
need
official
action
time
secure
warrant
tyler
determine
whether
law
enforcement
officer
faced
emergency
justified
acting
without
warrant
looks
totality
circumstances
see
brigham
city
stuart
finding
officers
entry
home
provide
emergency
assistance
plainly
reasonable
circumstances
illinois
mcarthur
concluding
warrantless
seizure
person
prevent
returning
trailer
destroy
hidden
contraband
reasonable
circumstances
case
us
due
exigency
cupp
holding
limited
warrantless
search
suspect
fingernails
preserve
evidence
suspect
trying
rub
justified
facts
case
see
also
richards
wisconsin
rejecting
per
se
exception
requirement
felony
drug
investigations
based
presumed
exigency
requiring
instead
evaluation
police
conduct
particular
case
apply
finely
tuned
approach
fourth
amendment
reasonableness
context
police
action
issue
lacks
traditional
justification
warrant
provides
atwater
lago
vista
absent
established
justification
nature
reasonableness
inquiry
ohio
robinette
demands
evaluate
case
alleged
exigency
based
facts
circumstances
importing
decision
schmerber
applied
totality
circumstances
approach
case
petitioner
suffered
injuries
automobile
accident
taken
hospital
receiving
treatment
police
officer
arrested
petitioner
driving
influence
alcohol
ordered
blood
test
objection
explaining
warrant
requirement
applied
generally
searches
intrude
human
body
concluded
warrantless
blood
test
present
case
nonetheless
permissible
officer
might
reasonably
believed
confronted
emergency
delay
necessary
obtain
warrant
circumstances
threatened
destruction
evidence
quoting
preston
support
conclusion
observed
evidence
lost
percentage
alcohol
blood
begins
diminish
shortly
drinking
stops
body
functions
eliminate
system
added
articularly
case
time
taken
bring
accused
hospital
investigate
scene
accident
time
seek
magistrate
secure
warrant
given
special
facts
found
appropriate
police
act
without
warrant
held
blood
test
issue
reasonable
way
recover
evidence
highly
effective
involve
virtually
risk
trauma
pain
conducted
reasonable
fashion
physician
hospital
environment
according
accepted
medical
practices
ibid
conclusion
noted
judgment
fourth
amendment
violation
strictly
based
facts
present
record
thus
analysis
schmerber
fits
comfortably
within
case
law
applying
exigent
circumstances
exception
finding
warrantless
blood
test
reasonable
schmerber
considered
facts
circumstances
particular
case
carefully
based
holding
specific
facts
state
properly
recognizes
reasonableness
warrantless
search
exigency
exception
warrant
requirement
must
evaluated
based
totality
circumstances
brief
petitioner
state
nevertheless
seeks
per
se
rule
blood
testing
cases
state
contends
whenever
officer
probable
cause
believe
individual
driving
influence
alcohol
exigent
circumstances
necessarily
exist
bac
evidence
inherently
evanescent
result
state
claims
long
officer
probable
cause
blood
test
conducted
reasonable
manner
categorically
reasonable
law
enforcement
obtain
blood
sample
without
warrant
true
result
human
body
natural
metabolic
processes
alcohol
level
person
blood
begins
dissipate
alcohol
fully
absorbed
continues
decline
alcohol
eliminated
see
skinner
schmerber
testimony
trial
case
indicated
percentage
alcohol
individual
blood
typically
decreases
approximately
percent
percent
per
hour
alcohol
fully
absorbed
app
precise
calculations
rate
alcohol
dissipates
depend
various
individual
characteristics
weight
gender
alcohol
tolerance
circumstances
alcohol
consumed
see
stripp
forensic
clinical
issues
alcohol
analysis
forensic
chemistry
handbook
kobilinsky
ed
regardless
exact
elimination
rate
sufficient
purposes
note
individual
alcohol
level
gradually
declines
soon
stops
drinking
significant
delay
testing
negatively
affect
probative
value
results
fact
essential
holding
schmerber
recognized
circumstances
delay
order
secure
warrant
time
spent
investigating
scene
accident
transporting
injured
suspect
hospital
receive
treatment
threatened
destruction
evidence
follow
depart
careful
assessment
exigency
adopt
categorical
rule
proposed
state
amici
investigations
police
officers
reasonably
obtain
warrant
blood
sample
drawn
without
significantly
undermining
efficacy
search
fourth
amendment
mandates
see
mcdonald
excuse
absence
search
warrant
without
showing
seek
exemption
constitutional
mandate
exigencies
situation
made
search
imperative
doubt
circumstances
make
obtaining
warrant
impractical
dissipation
alcohol
bloodstream
support
exigency
justifying
properly
conducted
warrantless
blood
test
however
reason
decide
case
facts
schmerber
accept
considerable
overgeneralization
per
se
rule
reflect
richards
context
blood
testing
different
critical
respects
cases
police
truly
confronted
situation
roaden
kentucky
contrast
example
circumstances
suspect
control
easily
disposable
evidence
see
georgia
randolph
cupp
bac
evidence
suspect
naturally
dissipates
time
gradual
relatively
predictable
manner
moreover
police
officer
must
typically
transport
suspect
medical
facility
obtain
assistance
someone
appropriate
medical
training
conducting
blood
test
delay
time
arrest
accident
time
test
inevitable
regardless
whether
police
officers
required
obtain
warrant
see
state
shriner
meyer
dissenting
reality
undermines
force
state
contention
endorsed
dissent
see
post
opinion
thomas
recognize
categorical
exception
warrant
requirement
bac
evidence
actively
destroyed
every
minute
passes
brief
petitioner
consider
example
situation
warrant
process
significantly
increase
delay
blood
test
conducted
officer
take
steps
secure
warrant
suspect
transported
medical
facility
another
officer
circumstance
plausible
justification
exception
warrant
requirement
state
proposed
per
se
rule
also
fails
account
advances
years
since
schmerber
decided
allow
expeditious
processing
warrant
applications
particularly
contexts
like
investigations
evidence
offered
establish
probable
cause
simple
federal
rules
criminal
procedure
amended
permit
federal
magistrate
judges
issue
warrant
based
sworn
testimony
communicated
telephone
see
stat
amended
law
allows
federal
magistrate
judge
consider
information
communicated
telephone
reliable
electronic
means
fed
rule
crim
proc
also
innovated
well
majority
allow
police
officers
prosecutors
apply
search
warrants
remotely
various
means
including
telephonic
radio
communication
electronic
communication
video
addition
developments
jurisdictions
found
ways
streamline
warrant
process
using
warrant
applications
means
claim
telecommunications
innovations
eliminate
delay
process
warrants
inevitably
take
time
police
officers
prosecutors
complete
magistrate
judges
review
telephonic
electronic
warrants
may
still
require
officers
follow
formalities
designed
create
adequate
record
preparing
duplicate
warrant
calling
magistrate
judge
see
fed
rule
crim
proc
improvements
communications
technology
guarantee
magistrate
judge
available
officer
needs
warrant
making
arrest
technological
developments
enable
police
officers
secure
warrants
quickly
without
undermining
neutral
magistrate
judge
essential
role
check
police
discretion
relevant
assessment
exigency
particularly
context
bac
evidence
lost
gradually
relatively
course
important
countervailing
concerns
experts
work
backwards
bac
time
sample
taken
determine
bac
time
alleged
offense
longer
intervals
may
raise
questions
accuracy
calculation
reason
exigent
circumstances
justifying
warrantless
blood
sample
may
arise
regular
course
law
enforcement
due
delays
warrant
application
process
adopting
state
per
se
approach
improperly
ignore
current
future
technological
developments
warrant
procedures
might
well
diminish
incentive
jurisdictions
pursue
progressive
approaches
warrant
acquisition
preserve
protections
afforded
warrant
meeting
legitimate
interests
law
enforcement
state
rodriguez
ut
short
natural
dissipation
alcohol
blood
may
support
finding
exigency
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schmerber
categorically
whether
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test
suspect
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case
case
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concurring
part
dissenting
part
chief
justice
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state
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se
rule
overbroad
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time
secure
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post
quoting
tyler
chief
justice
goes
suggest
categorical
rule
warrantless
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draw
permissible
officer
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time
takes
transport
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supra
decline
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chief
justice
modified
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se
rule
traditional
totality
circumstances
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one
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making
exigency
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window
time
arrest
blood
test
produces
odd
consequences
chief
justice
rule
police
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suspect
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room
officer
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draw
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agree
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state
per
se
rule
chief
justice
rule
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warrant
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categorically
authorizes
warrantless
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draws
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takes
time
secure
warrant
obtain
medical
assistance
flip
side
making
requirement
independent
judicial
oversight
turn
exclusively
amount
time
elapses
arrest
bac
testing
induce
police
departments
individual
officers
minimize
testing
delay
detriment
values
chief
justice
correctly
observes
case
involves
medical
personnel
drawing
blood
medical
facility
police
officers
side
road
post
chief
justice
say
roadside
blood
draws
necessarily
unreasonable
accepted
chief
justice
approach
become
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option
police
iii
remaining
arguments
advanced
support
per
se
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state
several
amici
including
express
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exigency
provide
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guidance
law
enforcement
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deciding
whether
conduct
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without
warrant
chief
justice
dissent
also
raise
concern
see
post
opinion
roberts
post
opinion
thomas
desire
rule
understandable
fourth
amendment
tolerate
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broad
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approach
dilute
warrant
requirement
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significant
privacy
interests
stake
moreover
approach
hardly
unique
within
fourth
amendment
jurisprudence
numerous
police
actions
judged
based
totality
circumstances
analyses
rather
according
categorical
rules
including
situations
likely
require
police
officers
make
difficult
judgments
see
illinois
wardlow
whether
officer
reasonable
suspicion
make
investigative
stop
pat
suspect
weapons
terry
ohio
robinette
whether
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consent
given
search
tennessee
garner
whether
force
used
effectuate
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deadly
force
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contexts
see
valid
substitute
careful
evaluation
reasonableness
next
state
contend
privacy
interest
implicated
blood
draws
suspects
relatively
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claim
motorists
diminished
expectation
privacy
cases
repeatedly
indicated
blood
testing
commonplace
society
typically
involves
virtually
risk
trauma
pain
schmerber
see
also
post
opinion
thomas
fact
people
accorded
less
privacy
automobiles
th
compelling
governmental
need
regulation
california
carney
diminish
motorist
privacy
interest
preventing
agent
government
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skin
nature
blood
test
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medical
setting
trained
personnel
concededly
less
intrusive
bodily
invasions
found
unreasonable
see
winston
surgery
remove
bullet
rochin
california
induced
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extract
narcotics
capsules
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suspect
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reason
held
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drawn
blood
tests
reasonable
appropriate
circumstances
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skinner
upholding
warrantless
blood
testing
railroad
employees
involved
certain
train
accidents
special
needs
doctrine
schmerber
never
retreated
however
recognition
compelled
intrusion
human
body
implicates
significant
constitutionally
protected
privacy
interests
finally
state
amici
point
compelling
governmental
interest
combating
drunk
driving
contend
prompt
bac
testing
including
blood
testing
vital
pursuit
interest
argue
particularly
addition
laws
make
illegal
operate
motor
vehicle
influence
alcohol
district
columbia
enacted
laws
make
per
se
unlawful
operate
motor
vehicle
bac
percent
see
national
highway
traffic
safety
admin
nhtsa
alcohol
highway
safety
review
state
knowledge
mar
nhtsa
review
enforce
provisions
reasonably
assert
accurate
bac
evidence
critical
see
also
post
opinion
roberts
post
opinion
thomas
one
seriously
dispute
magnitude
drunken
driving
problem
interest
eradicating
michigan
dept
state
police
sitz
certainly
progress
made
drunk
driving
continues
exact
terrible
toll
society
see
nhtsa
traffic
safety
facts
data
reporting
people
killed
driving
crashes
average
one
fatality
every
minutes
general
importance
government
interest
area
justify
departing
warrant
requirement
without
showing
exigent
circumstances
make
securing
warrant
impractical
particular
case
extent
state
amici
contend
applying
traditional
fourth
amendment
analysis
determine
whether
exigency
justified
warrantless
search
undermine
governmental
interest
preventing
prosecuting
offenses
convinced
initial
matter
broad
range
legal
tools
enforce
laws
secure
bac
evidence
without
undertaking
warrantless
nonconsensual
blood
draws
example
adopted
implied
consent
laws
require
motorists
condition
operating
motor
vehicle
within
state
consent
bac
testing
arrested
otherwise
detained
suspicion
offense
see
nhtsa
review
supra
describing
missouri
implied
consent
law
laws
impose
significant
consequences
motorist
withdraws
consent
typically
motorist
driver
license
immediately
suspended
revoked
allow
motorist
refusal
take
bac
test
used
evidence
subsequent
criminal
prosecution
see
nhtsa
review
see
also
south
dakota
neville
holding
use
adverse
inference
violate
fifth
amendment
right
also
notable
majority
either
place
significant
restrictions
police
officers
may
obtain
blood
sample
despite
suspect
refusal
often
limiting
testing
cases
involving
accident
resulting
death
serious
bodily
injury
prohibit
nonconsensual
blood
tests
among
several
lift
restrictions
nonconsensual
blood
testing
law
enforcement
officers
first
obtain
search
warrant
similar
cf
bullcoming
new
mexico
slip
noting
blood
test
obtained
pursuant
warrant
petitioner
refused
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test
aware
evidence
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nonconsensual
blood
testing
compromised
enforcement
efforts
fact
field
studies
permit
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blood
testing
pursuant
warrant
suggested
although
warrants
impose
administrative
burdens
use
reduce
rates
improve
law
enforcement
ability
recover
bac
evidence
see
nhtsa
use
warrants
breath
test
refusal
case
studies
sure
may
choos
protect
privacy
beyond
level
fourth
amendment
requires
virginia
moore
state
restrictions
nonconsensual
blood
testing
provide
support
recognition
compelled
blood
draws
implicate
significant
privacy
interest
also
strongly
suggest
ruling
today
severely
hamper
effective
law
enforcement
garner
iv
state
argued
fact
alcohol
naturally
metabolized
human
body
creates
exigent
circumstance
every
case
state
argue
exigent
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particular
case
warrant
obtained
within
reasonable
amount
time
testimony
trial
arresting
officer
identify
factors
suggest
faced
emergency
unusual
delay
securing
warrant
app
testified
made
effort
obtain
search
warrant
conducting
blood
draw
even
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sure
prosecuting
attorney
call
even
though
reason
believe
magistrate
judge
unavailable
officer
also
acknowledged
obtained
search
warrants
taking
blood
samples
past
without
difficulty
explained
elected
forgo
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application
case
believed
legally
necessary
obtain
warrant
based
testimony
trial
concluded
exigency
specifically
found
although
arrest
took
place
middle
night
prosecutor
readily
available
apply
search
warrant
judge
readily
available
issue
warrant
app
pet
cert
missouri
turn
affirmed
judgment
holding
first
dissipation
alcohol
establish
per
se
exigency
second
state
otherwise
satisfy
burden
establishing
exigent
circumstances
petitioning
certiorari
state
challenged
first
holding
separately
contend
warrantless
blood
test
reasonable
regardless
whether
natural
dissipation
alcohol
suspect
blood
categorically
justifies
dispensing
warrant
requirement
see
pet
cert
courts
state
based
case
insistence
driver
declines
submit
testing
arrested
driving
influence
alcohol
always
subject
nonconsensual
blood
test
without
precondition
warrant
incorrect
although
missouri
referred
case
unquestionably
routine
dwi
case
fact
particular
stop
routine
sense
involve
facts
need
police
attend
car
accident
mean
warrant
required
factors
present
ordinary
traffic
stop
procedures
place
obtaining
warrant
availability
magistrate
judge
may
affect
whether
police
obtain
warrant
expeditious
way
therefore
may
establish
exigency
permits
warrantless
search
relevant
factors
determining
whether
warrantless
search
reasonable
including
practical
problems
obtaining
warrant
within
timeframe
still
preserves
opportunity
obtain
reliable
evidence
doubt
vary
depending
upon
circumstances
case
case
argued
broad
proposition
cases
present
per
se
exigency
arguments
record
provide
adequate
analytic
framework
detailed
discussion
relevant
factors
taken
account
determining
reasonableness
acting
without
warrant
suffices
say
metabolization
alcohol
bloodstream
ensuing
loss
evidence
among
factors
must
considered
deciding
whether
warrant
required
doubt
given
large
number
arrests
offense
different
jurisdictions
nationwide
cases
arise
anticipated
delays
obtaining
warrant
justify
blood
test
without
judicial
authorization
every
case
law
must
concerned
evidence
destroyed
inquiry
pursued
question
properly
rejected
sole
argument
presented
us
challenging
missouri
decision
affirm
judgment
hold
investigations
natural
dissipation
alcohol
bloodstream
constitute
exigency
every
case
sufficient
justify
conducting
blood
test
without
warrant
judgment
missouri
affirmed
ordered
kennedy
concurring
part
missouri
petitioner
tyler
mcneely
writ
certiorari
missouri
april
justice
kennedy
concurring
part
join
parts
iv
opinion
reasons
stated
case
call
consider
detail
issue
discussed
part
separate
opinion
chief
justice
part
iii
much
noted
respect
statistical
survey
data
relevance
issue
explored
later
cases
repeated
insistence
part
iii
every
case
determined
circumstances
correct
course
general
proposition
yet
interpreted
indicate
question
susceptible
rules
guidelines
give
important
practical
instruction
arresting
officers
instruction
number
instances
allow
warrantless
blood
test
order
preserve
critical
evidence
governmental
entities
enforce
driving
laws
adopt
rules
procedures
protocols
meet
reasonableness
requirements
fourth
amendment
give
helpful
guidance
law
enforcement
officials
due
course
may
find
appropriate
necessary
consider
case
permitting
provide
guidance
undertakes
give
today
opinion
correct
note
instant
case
reason
way
presented
decided
state
courts
provide
framework
prudent
hold
always
dispensing
warrant
blood
test
driver
arrested
influence
alcohol
inconsistent
fourth
amendment
opinion
roberts
missouri
petitioner
tyler
mcneely
writ
certiorari
missouri
april
chief
justice
roberts
justice
breyer
justice
alito
join
concurring
part
dissenting
part
police
officer
reading
opinion
idea
idea
fourth
amendment
requires
decides
obtain
blood
sample
drunk
driving
suspect
refused
breathalyzer
test
quarrel
totality
circumstances
approach
general
matter
cases
require
circumstances
drunk
driving
cases
often
typical
able
offer
guidance
police
handle
cases
like
one
us
view
proper
rule
straightforward
cases
establish
exigent
circumstances
exception
warrant
requirement
exception
applies
compelling
need
prevent
imminent
destruction
important
evidence
time
obtain
warrant
natural
dissipation
alcohol
bloodstream
constitutes
imminent
ongoing
destruction
critical
evidence
qualify
exigent
circumstance
except
may
time
secure
warrant
blood
drawn
officer
must
seek
warrant
officer
reasonably
conclude
exigent
circumstances
exception
applies
terms
blood
may
drawn
without
warrant
fourth
amendment
provides
right
people
secure
persons
houses
papers
effects
unreasonable
searches
seizures
shall
violated
warrants
shall
issue
upon
probable
cause
supported
oath
affirmation
particularly
describing
place
searched
persons
things
seized
language
state
warrants
required
prior
searches
long
held
warrants
must
generally
obtained
see
kentucky
king
slip
also
held
bodily
intrusions
like
blood
draws
constitute
searches
subject
warrant
requirement
see
schmerber
california
however
ultimate
touchstone
fourth
amendment
brigham
city
stuart
thus
warrant
requirement
subject
certain
reasonable
exceptions
king
slip
one
exceptions
known
exigent
circumstances
exception
applies
exigencies
situation
make
needs
law
enforcement
compelling
warrantless
search
objectively
reasonable
fourth
amendment
ibid
internal
quotation
marks
alterations
omitted
within
exigent
circumstances
exception
identified
several
sets
exigent
circumstances
excusing
need
warrant
example
emergency
aid
exception
warrant
requirement
brigham
city
supra
held
law
enforcement
officers
may
enter
home
without
warrant
render
emergency
assistance
injured
occupant
protect
occupant
imminent
injury
also
fire
exception
warrant
requirement
michigan
tyler
held
burning
building
clearly
presents
exigency
sufficient
proportions
render
warrantless
entry
hot
exception
warrant
requirement
well
santana
warden
md
penitentiary
hayden
recognized
right
police
probable
cause
believe
armed
robber
entered
house
minutes
make
warrantless
entry
arrest
robber
search
weapons
santana
supra
cases
requirement
base
decision
totality
circumstances
prevented
us
spelling
general
rule
police
follow
exigency
exception
point
one
imminent
destruction
evidence
affirmed
several
occasions
law
enforcement
officers
may
make
warrantless
entry
onto
private
property
prevent
imminent
destruction
evidence
brigham
city
supra
citing
ker
california
plurality
opinion
see
also
king
supra
slip
example
ker
police
reason
believe
defendant
possession
marijuana
expecting
police
pursuit
upheld
officers
warrantless
entry
defendant
home
plurality
explaining
drugs
quickly
easily
destroyed
distributed
hidden
warrant
obtained
time
night
overarching
principle
held
compelling
need
official
action
time
secure
warrant
warrant
requirement
may
excused
tyler
supra
question
whether
principle
applies
typical
case
police
officer
stopping
driver
suspicion
drunk
driving
ii
reasonable
belief
critical
evidence
destroyed
gives
rise
compelling
need
blood
draws
cases
like
one
fact
simply
belief
alcohol
bloodstream
destroyed
biological
certainty
alcohol
dissipates
bloodstream
rate
percent
percent
per
hour
stripp
forensic
clinical
issues
alcohol
analysis
forensic
chemistry
handbook
kobilinsky
ed
evidence
literally
disappearing
minute
certainty
makes
case
even
stronger
one
usual
application
exigent
circumstances
exception
evidence
important
serious
deadly
crime
issue
according
department
transportation
one
person
died
every
minutes
due
drinking
driving
national
highway
traffic
safety
admin
nhtsa
traffic
safety
facts
data
surprise
drinking
driving
punished
severely
including
jail
time
see
generally
dept
justice
bureau
justice
statistics
maruschak
special
report
dwi
offenders
correctional
supervision
mcneely
instance
faces
four
years
prison
see
app
citing
mo
ann
stat
west
evidence
driver
blood
alcohol
concentration
bac
crucial
obtain
convictions
crimes
district
columbia
laws
providing
per
se
illegal
drive
bac
percent
higher
also
laws
establishing
additional
penalties
drivers
drive
high
bac
often
defined
percent
nhtsa
digest
impaired
driving
selected
beverage
control
laws
pp
vii
bac
evidence
clearly
matters
drivers
refuse
breathalyzers
mcneely
blood
draw
becomes
necessary
obtain
evidence
need
prevent
imminent
destruction
bac
evidence
less
compelling
incriminating
alcohol
dissipates
limited
period
time
rather
noted
concentration
alcohol
make
difference
guilt
innocence
different
crimes
different
degrees
punishment
officer
unlikely
know
precisely
suspect
consumed
alcohol
much
knows
critical
evidence
steadily
lost
fire
spread
gradually
lessen
need
right
officers
respond
immediately
see
tyler
supra
mcneely
contends
compelling
need
warrantless
blood
draw
alcohol
left
blood
time
warrant
obtained
state
use
math
science
work
backwards
identify
defendant
bac
time
driving
see
brief
respondent
good
enough
indicated
exigent
circumstances
justify
warrantless
entry
drugs
flushed
toilet
see
king
slip
said
well
drug
paraphernalia
elsewhere
home
defendant
might
testify
amount
drugs
involved
drugs
crucial
compelling
need
warrantless
entry
approach
govern
compelling
need
search
alcohol
nearly
conclusive
evidence
serious
crime
dissipating
bloodstream
need
less
compelling
police
might
able
acquire
evidence
exigent
circumstances
justify
warrantless
search
however
must
also
time
secure
warrant
tyler
see
schmerber
warrantless
search
legal
time
seek
magistrate
secure
warrant
respect
obtaining
blood
sample
suspected
drunk
driver
differs
exigent
circumstances
cases
importantly
typically
delay
moment
drunk
driver
stopped
time
blood
drawn
drunk
drivers
often
end
emergency
room
usually
pulled
front
one
exigent
circumstances
situations
police
outside
door
home
inside
evidence
destroyed
person
injured
fire
broken
police
enter
promptly
must
respond
effectively
emergency
police
pull
person
suspicion
drinking
driving
test
blood
right
obstacle
search
form
trip
hospital
perhaps
wait
see
medical
case
example
approximately
minutes
elapsed
time
police
stopped
mcneely
time
blood
drawn
app
noted
fact
alcohol
dissipates
gradually
bloodstream
diminish
compelling
need
search
critical
evidence
still
disappearing
fact
dissipation
persists
time
means
police
although
may
able
anything
right
away
may
still
able
respond
ongoing
destruction
evidence
later
might
therefore
time
obtain
warrant
many
cases
explains
police
often
request
warrants
rather
quickly
days
least
provide
electronic
warrant
applications
see
ante
many
police
officer
call
judge
convey
necessary
information
authorized
affix
judge
signature
warrant
see
rule
crim
proc
alaska
stat
idaho
code
lexis
rules
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test
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studies
overview
procedures
arizona
michigan
oregon
utah
utah
procedure
police
officer
enters
information
system
system
notifies
prosecutor
upon
approval
officer
forwards
information
magistrate
electronically
warrant
officer
utah
cross
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collaboration
judges
known
issue
warrants
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minutes
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faster
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system
hailed
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lake
tribune
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kansas
police
officers
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ipads
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signed
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search
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prosecuting
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refusals
kansas
prosecutor
spring
police
presumably
familiar
mechanics
time
involved
warrant
process
particular
jurisdiction
iii
case
applying
exigent
circumstances
exception
general
warrant
requirement
fourth
amendment
seems
straightforward
time
secure
warrant
blood
drawn
police
must
seek
one
officer
reasonably
conclude
sufficient
time
seek
receive
warrant
applies
one
receive
response
blood
drawn
warrantless
blood
draw
may
ensue
see
tyler
supra
see
also
illinois
rodriguez
order
satisfy
requirement
fourth
amendment
generally
demanded
many
factual
determinations
must
regularly
made
police
officer
conducting
search
seizure
one
exceptions
warrant
requirement
always
correct
always
reasonable
terry
ohio
police
must
whenever
practicable
obtain
advance
judicial
approval
searches
seizures
warrant
procedure
requiring
police
apply
warrant
practicable
increases
likelihood
neutral
detached
judicial
officer
review
case
helping
ensure
probable
cause
search
search
reasonable
already
held
forced
blood
draws
constitutional
searches
reasonable
change
fact
significant
bodily
intrusions
see
schmerber
upholding
warrantless
forced
blood
draw
noting
importance
informed
detached
deliberate
determinations
issue
whether
invade
another
body
search
evidence
guilt
indisputable
great
requiring
warrant
whenever
practicable
helps
ensure
blood
draws
occur
indeed
justified
time
permitting
police
act
without
warrant
prevent
imminent
destruction
evidence
well
established
fourth
amendment
law
reason
preclude
application
exception
drunk
driving
cases
simply
may
take
police
time
able
respond
undoubted
destruction
evidence
destruction
occurs
continuously
uncertain
period
even
situations
police
requested
warrant
receive
timely
response
officer
reasonably
concluded
time
secure
warrant
may
blood
drawn
suspect
upon
arrival
medical
facility
reason
officer
worse
position
simply
sought
warrant
prior
arrival
hospital
resists
foregoing
contending
question
presented
somehow
inhibits
focused
analysis
case
see
ante
question
presented
whether
warrantless
blood
draw
permissible
fourth
amendment
based
upon
natural
dissipation
alcohol
bloodstream
pet
cert
majority
answers
depends
difference
majority
offers
guidance
merely
instructing
courts
police
officers
consider
totality
circumstances
believe
meaningful
guidance
provided
handle
typical
cases
nothing
question
presented
prohibits
affording
guidance
plurality
also
expresses
concern
approach
discourage
state
local
efforts
expedite
warrant
application
process
see
ante
plausible
police
prosecutors
need
warrants
wide
variety
situations
often
need
quickly
certainly
prefer
slower
process
might
obviate
need
ask
warrant
occasional
drunk
driving
case
blood
draw
necessary
plurality
suggestion
also
overlooks
interest
law
enforcement
protection
warrant
provides
correct
says
every
case
must
considered
particular
facts
pertinent
facts
drunk
driving
cases
often
police
know
act
recurring
factual
situations
simply
put
drunk
driving
suspect
fails
field
sobriety
tests
refuses
breathalyzer
whether
warrant
required
blood
draw
come
whether
time
secure
one
schmerber
provides
support
analysis
made
much
fact
time
seek
magistrate
secure
warrant
era
cell
phones
unknown
follows
quite
naturally
cell
phones
mean
time
contact
magistrate
secure
warrant
must
done
time
need
jettison
exception
imminent
destruction
evidence
officers
position
something
missouri
courts
apply
rule
describe
first
instance
vacate
remand
proceedings
missouri
courts
thomas
dissenting
missouri
petitioner
tyler
mcneely
writ
certiorari
missouri
april
justice
thomas
dissenting
case
requires
decide
whether
fourth
amendment
prohibits
officer
obtaining
blood
sample
without
warrant
probable
cause
believe
suspect
driving
influence
alcohol
body
natural
metabolization
alcohol
inevitably
destroys
evidence
crime
constitutes
exigent
circumstance
result
hold
warrantless
blood
draw
violate
fourth
amendment
fourth
amendment
right
people
secure
persons
unreasonable
searches
seizures
shall
violated
warrants
shall
issue
upon
probable
cause
search
occurs
warrant
must
generally
secured
kentucky
king
slip
presumption
may
overcome
circumstances
ultimate
touchstone
fourth
amendment
reasonableness
ibid
quoting
brigham
city
stuart
alteration
original
presence
exigent
circumstances
one
exception
warrant
requirement
exigency
applies
needs
law
enforcement
compelling
warrantless
search
objectively
reasonable
fourth
amendment
slip
quoting
mincey
arizona
second
alteration
original
thus
exigent
circumstances
present
officers
may
take
actions
typically
require
warrant
entering
home
hot
pursuit
fleeing
suspect
slip
relevant
case
officers
may
also
conduct
warrantless
search
probable
cause
believe
failure
act
result
destruction
evidence
ibid
quoting
brigham
city
supra
police
arrest
suspect
drunk
driving
passing
minute
eliminates
probative
evidence
crime
human
liver
eliminates
alcohol
bloodstream
rate
approximately
percent
percent
per
hour
ante
heavy
drinkers
high
percent
per
hour
brief
petitioner
citing
medical
studies
depending
among
things
person
sex
weight
body
type
drinking
history
ante
brief
amicus
curiae
acknowledged
fact
since
schmerber
california
told
percentage
alcohol
blood
begins
diminish
shortly
drinking
stops
body
functions
eliminate
system
case
recognized
destruction
evidence
inherent
cases
held
officer
investigating
crime
might
reasonably
believe
confronted
emergency
delay
necessary
obtain
warrant
circumstances
threaten
destruction
evidence
ibid
quoting
preston
explained
drawing
person
blood
highly
effective
means
determining
degree
influence
alcohol
reasonable
procedure
blood
tests
commonplace
involv
virtually
risk
trauma
pain
therefore
held
dissipation
alcohol
blood
constitutes
exigency
allows
blood
draw
without
warrant
rapid
destruction
evidence
acknowledged
parties
majority
schmerber
exigency
determination
occurs
every
situation
police
probable
cause
arrest
drunk
driver
turn
destruction
evidence
implicates
doctrine
see
cupp
murphy
cupp
officers
questioning
murder
suspect
observed
spot
suspect
finger
believed
might
dried
blood
suspect
began
making
obvious
efforts
remove
spots
hands
officers
took
samples
without
obtaining
either
consent
warrant
following
fourth
amendment
challenge
search
held
ready
destructibility
evidence
suspect
observed
efforts
destroy
justified
police
subjecting
limited
search
necessary
preserve
highly
evanescent
evidence
found
fingernails
ibid
case
similar
exigency
present
suspect
efforts
destroy
highly
evanescent
evidence
gave
rise
exigency
cupp
natural
metabolization
blood
alcohol
concentration
bac
creates
exigency
police
probable
cause
believe
driver
drunk
naturally
follows
police
may
conduct
search
circumstances
hypothetical
involving
classic
exigent
circumstances
illustrates
point
officers
watching
warehouse
observe
worker
carrying
bundles
warehouse
large
bonfire
throwing
blaze
officers
probable
cause
believe
bundles
contain
marijuana
one
person
carrying
bundles
officers
believe
take
hours
completely
destroy
drugs
time
officers
likely
obtain
warrant
clear
officers
need
sit
idly
watch
destruction
evidence
wait
warrant
fact
take
time
evidence
destroyed
evidence
may
remain
time
officers
secure
warrant
relevant
exigency
however
quantity
drugs
may
impact
severity
crime
length
sentence
see
lower
penalties
less
kilograms
marijuana
sentencing
commission
guidelines
manual
drug
quantity
table
tying
base
offense
level
drug
amounts
conducting
warrantless
search
warehouse
situation
entirely
reasonable
obtains
context
take
time
evidence
completely
destroyed
mean
exigency
congress
conditioned
federal
highway
grants
adoption
laws
penalizing
operation
motor
vehicle
blood
alcohol
concentration
percent
greater
see
also
cfr
acceded
condition
national
highway
traffic
safety
admin
nhtsa
alcohol
highway
safety
review
state
knowledge
mar
nhtsa
state
review
mo
ann
stat
west
establishing
missouri
percent
bac
standard
moreover
district
columbia
imposed
additional
penalties
bac
levels
percent
higher
nhtsa
state
review
missouri
one
state
see
mo
stat
ann
suspended
sentence
unavailable
even
first
offenders
bac
percent
unless
complete
drug
treatment
mandatory
jail
time
treatment
completed
result
level
intoxication
directly
bears
enforcement
laws
nothing
fourth
amendment
requires
officers
allow
evidence
essential
enforcement
laws
destroyed
wait
warrant
issue
ii
today
decision
elides
certainty
evidence
destruction
cases
focuses
primarily
time
necessary
destruction
turns
exigency
inquiry
question
amount
evidentiary
destruction
police
must
permit
may
act
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warrant
inquiry
inconsistent
actual
exigency
issue
uncontested
destruction
evidence
due
metabolization
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see
part
supra
moreover
analysis
difficult
administer
particularly
important
concern
fourth
amendment
context
judgment
reflects
nothing
vague
notion
everything
come
right
time
long
delay
lengthy
ante
justifying
delays
part
bac
evidence
lost
gradually
relatively
predictably
ante
quoting
brief
petitioner
hard
percentage
lines
meaningful
legal
consequences
context
fact
police
able
retrieve
evidence
destroyed
simply
relevant
exigency
inquiry
majority
believes
absent
special
facts
circumstances
destruction
evidence
acceptable
see
ante
sufficient
purposes
note
significant
delay
testing
negatively
affect
probative
value
emphasis
added
belief
must
rest
assumption
whatever
evidence
remains
warrant
obtained
sufficient
prosecute
suspect
assumption
clearly
wrong
suspects
initial
levels
intoxication
time
necessary
obtain
warranted
blood
draws
vary
widely
case
case
even
slight
delay
may
significantly
affect
probative
value
borderline
cases
suspects
moderately
intoxicated
suspects
whose
bac
near
statutory
threshold
triggers
serious
offense
see
supra
discussing
laws
penalizing
heightened
bac
levels
similarly
time
obtain
warrant
expected
vary
reason
believe
predictable
fashion
nowhere
explains
officer
field
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test
adopts
first
officers
facts
needed
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much
time
pass
little
evidence
remains
never
know
intoxicated
suspect
time
arrest
otherwise
need
testing
second
know
long
take
roust
magistrate
bed
reach
hospital
obtain
blood
sample
minnesota
recognized
rejecting
arguments
like
adopted
today
officer
control
long
take
travel
judge
judge
availability
officer
also
may
know
time
suspect
last
drink
amount
alcohol
consumed
rate
suspect
metabolize
alcohol
finally
officer
know
long
take
obtain
blood
sample
suspect
brought
hospital
totality
circumstances
test
officer
called
upon
speculate
considerations
predict
long
probative
evidence
defendant
level
continue
exist
blood
sample
longer
reliable
state
shriner
omitted
adopt
rule
requires
police
guess
whether
able
obtain
warrant
much
evidence
destroyed
police
lack
reliable
information
concerning
relevant
case
demonstrates
uncertainty
officers
face
regard
delay
caused
obtaining
warrant
arresting
officer
clearly
probable
cause
believe
respondent
drunk
way
officer
quantify
level
intoxication
determine
quickly
needed
act
order
obtain
probative
evidence
another
officer
testified
respondent
trial
typically
took
hours
obtain
warrant
night
cape
girardeau
county
missouri
see
app
respondent
submitted
exhibit
summarizing
six
late
afternoon
nighttime
search
warrants
suggests
time
may
shorter
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app
ultimately
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tiff
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point
spotty
evidence
regarding
timing
illustrates
fact
delays
obtaining
warrants
unpredictable
potentially
lengthy
rule
requires
officers
ultimately
courts
balance
transportation
delays
hospital
availability
access
magistrates
workable
rule
cases
natural
processes
inevitably
destroy
evidence
every
passing
minute
availability
telephonic
warrant
applications
answer
conundrum
see
ante
one
thing
missouri
still
requires
written
warrant
applications
affidavits
mo
ann
stat
west
supp
rendering
survey
irrelevant
actual
disposition
case
ante
even
telephonic
applications
available
missouri
difficulties
arise
majority
correctly
recognizes
arrants
inevitably
take
time
police
officers
prosecutors
complete
magistrate
judges
review
ante
time
evidence
destroyed
police
probable
cause
believe
crime
committed
guess
long
take
secure
warrant
foregoing
reasons
respectfully
dissent
footnotes
result
two
prior
convictions
mcneely
charged
class
felony
missouri
law
carries
maximum
imprisonment
term
four
years
see
mo
ann
stat
west
compare
case
state
johnson
iowa
conclusion
state
rodriguez
ut
state
shriner
holding
natural
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evidence
alone
constitutes
per
se
exigency
state
bohling
state
woolery
idaho
recognized
limited
class
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exceptions
warrant
requirement
apply
categorically
thus
require
assessment
whether
policy
justifications
underlying
exception
may
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considerations
implicated
particular
case
see
california
acevedo
automobile
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robinson
searches
person
incident
lawful
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general
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asks
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mo
ann
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law
permit
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mcneely
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prosecutor
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se
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show
per
se
rule
overbroad
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presumably
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cfr
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cfr
ii
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mcneely
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warrant
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blood
testing
cape
girardeau
county
shorter
processing
times
footnotes
evidence
may
prove
useless
experts
worked
backwards
identify
defendant
bac
time
driving
defense
attorneys
objected
evidence
courts
times
rejected
juries
may
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see
nichols
whited
litigation
pp
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noting
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eighth
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affirming
rejection
evidence
taylor
oberman
drunk
driving
defense
ed
describing
ways
undermine
evidence
jury
case
involves
medical
personnel
drawing
blood
medical
facility
police
officers
side
road
see
schmerber
california
petitioner
blood
taken
physician
hospital
environment
according
accepted
medical
practices
thus
presented
serious
questions
arise
search
involving
use
medical
technique
even
rudimentary
sort
made
medical
personnel
medical
environment
example
administered
police
privacy
stationhouse
brief
respondent
describing
roadside
blood
draws
arizona
plurality
suggests
approach
make
roadside
blood
draws
attractive
option
police
procedure
pose
practical
difficulties
noted
schmerber
raise
additional
serious
fourth
amendment
concerns
see
ante
footnotes
neither
party
challenged
determination
reaffirmed
several
times
see
skinner
railway
labor
executives
winston
lee
position
likely
result
delay
obtaining
bac
evidence
also
increases
likelihood
prosecutors
forced
estimate
amount
alcohol
defendant
bloodstream
using
bac
numbers
obtained
hours
later
practice
backwards
extrapolation
likely
devolve
battle
experts
side
seeks
show
stale
evidence
supports
position
need
outcome
police
facing
inevitable
destruction
situations
need
forgo
collecting
accurate
available
evidence
simply
might
able
use
expert
witness
less
persuasive
evidence
approximate
lost