birchfield
north
dakota
argued
april
decided
june
fight
serious
harms
inflicted
drunk
drivers
laws
prohibit
motorists
driving
blood
alcohol
concentration
bac
exceeding
specified
level
bac
typically
determined
direct
analysis
blood
sample
using
machine
measure
amount
alcohol
person
breath
help
secure
drivers
cooperation
testing
also
enacted
implied
consent
laws
require
drivers
submit
bac
tests
originally
penalty
refusing
test
suspension
motorist
license
time
however
toughened
laws
imposing
harsher
penalties
recidivists
drivers
particularly
high
bac
levels
motorists
fear
increased
punishments
strong
incentives
reject
testing
including
north
dakota
minnesota
make
crime
refuse
undergo
testing
cases
three
petitioners
arrested
charges
state
trooper
arrested
petitioner
danny
birchfield
advised
obligation
north
dakota
law
undergo
bac
testing
told
state
law
requires
refusing
submit
blood
test
lead
criminal
punishment
birchfield
refused
let
blood
drawn
charged
misdemeanor
violation
refusal
statute
entered
conditional
guilty
plea
argued
fourth
amendment
prohibited
criminalizing
refusal
submit
test
state
district
rejected
argument
state
affirmed
arresting
petitioner
william
robert
bernard
minnesota
police
transported
station
officers
read
minnesota
implied
consent
advisory
like
north
dakota
informs
motorists
crime
refuse
submit
bac
test
bernard
refused
take
breath
test
charged
test
refusal
first
degree
minnesota
district
dismissed
charges
concluding
warrantless
breath
test
permitted
fourth
amendment
state
appeals
reversed
state
affirmed
officer
arrested
petitioner
steve
michael
beylund
took
nearby
hospital
officer
read
north
dakota
implied
consent
advisory
informing
test
refusal
circumstances
crime
beylund
agreed
blood
drawn
test
revealed
bac
level
three
times
legal
limit
beylund
license
suspended
two
years
administrative
hearing
appeal
state
district
rejected
argument
consent
blood
test
coerced
officer
warning
state
affirmed
held
fourth
amendment
permits
warrantless
breath
tests
incident
arrests
drunk
driving
warrantless
blood
tests
pp
taking
blood
sample
administering
breath
test
search
governed
fourth
amendment
see
skinner
railway
labor
executives
schmerber
california
searches
may
nevertheless
exempt
warrant
requirement
fall
within
relevant
exception
searches
conducted
incident
lawful
arrest
exception
applies
categorically
rather
basis
missouri
mcneely
pp
doctrine
ancient
pedigree
predates
nation
founding
historical
evidence
suggests
fourth
amendment
altered
permissible
bounds
arrestee
searches
mere
fact
lawful
arrest
justifies
full
search
person
robinson
doctrine
may
also
apply
situations
envisioned
fourth
amendment
adopted
riley
california
considered
apply
doctrine
searches
arrestee
cell
phone
founding
era
guidance
lacking
determined
whether
exempt
search
warrant
requirement
assessing
one
hand
degree
intrudes
upon
individual
privacy
degree
needed
promotion
legitimate
governmental
interests
mode
analysis
proper
founding
era
provides
definitive
guidance
whether
blood
breath
tests
allowed
incident
arrest
pp
analysis
begins
considering
impact
breath
blood
tests
individual
privacy
interests
pp
breath
tests
implicat
significant
privacy
concerns
skinner
physical
intrusion
almost
negligible
tests
require
piercing
skin
entail
minimum
inconvenience
requiring
arrestee
insert
machine
mouthpiece
mouth
exhale
deep
lung
air
intrusive
collecting
dna
sample
rubbing
swab
inside
person
cheek
maryland
king
scraping
underneath
suspect
fingernails
cupp
murphy
breath
tests
unlike
dna
samples
also
yield
bac
reading
leave
biological
sample
government
possession
finally
participation
breath
test
likely
enhance
embarrassment
inherent
arrest
pp
said
blood
tests
require
piercing
skin
extract
part
subject
body
skinner
supra
thus
significantly
intrusive
blowing
tube
blood
test
also
gives
law
enforcement
sample
preserved
possible
extract
information
beyond
simple
bac
reading
prospect
cause
anxiety
person
tested
pp
analysis
next
turns
asserted
need
obtain
bac
readings
pp
federal
government
paramount
interest
preserving
public
highway
safety
mackey
montrym
compelling
interest
creating
deterrent
drunken
driving
leading
cause
traffic
fatalities
injuries
sanctions
refusing
take
bac
test
increased
consequences
like
license
suspension
longer
adequate
persuade
dangerous
offenders
agree
test
lead
severe
criminal
sanctions
making
crime
refuse
submit
bac
test
laws
issue
provide
incentive
cooperate
thus
serve
important
function
pp
ways
combat
drunk
driving
decisions
establish
arresting
officer
obligated
obtain
warrant
conducting
search
incident
arrest
simply
might
adequate
time
particular
circumstances
obtain
warrant
legality
search
incident
arrest
must
judged
basis
categorical
rules
see
robinson
supra
mcneely
supra
distinguished
imposition
warrant
requirement
every
bac
test
likely
swamp
courts
given
enormous
number
arrests
little
corresponding
benefit
alternatives
sobriety
checkpoints
ignition
interlock
systems
poor
substitutes
pp
bernard
argues
warrantless
bac
testing
justified
search
incident
arrest
doctrine
aims
prevent
arrestee
destroying
evidence
loss
blood
alcohol
evidence
results
body
metabolism
alcohol
natural
process
controlled
arrestee
instances
however
state
justifiably
concerned
evidence
may
lost
state
general
interest
evidence
preservation
avoiding
loss
evidence
riley
supra
readily
encompasses
metabolization
alcohol
blood
bernard
view
finds
support
chimel
california
schmerber
mcneely
supra
pp
impact
breath
tests
privacy
slight
need
bac
testing
great
fourth
amendment
permits
warrantless
breath
tests
incident
arrests
drunk
driving
blood
tests
however
significantly
intrusive
reasonableness
must
judged
light
availability
less
invasive
alternative
breath
test
respondents
offered
satisfactory
justification
demanding
intrusive
alternative
without
warrant
instances
blood
tests
might
preferable
substances
alcohol
impair
driver
ability
operate
car
safely
subject
unconscious
nothing
prevents
police
seeking
warrant
relying
exigent
circumstances
exception
applies
breath
tests
significantly
less
intrusive
blood
tests
cases
amply
serve
law
enforcement
interests
breath
test
blood
test
may
administered
search
incident
lawful
arrest
drunk
driving
warrant
needed
situation
pp
motorists
may
criminally
punished
refusing
submit
blood
test
based
legally
implied
consent
submit
one
thing
approve
laws
impose
civil
penalties
evidentiary
consequences
motorists
refuse
comply
quite
another
state
insist
upon
intrusive
blood
test
impose
criminal
penalties
refusal
submit
must
limit
consequences
motorists
may
deemed
consented
virtue
decision
drive
public
roads
pp
legal
conclusions
resolve
three
present
cases
birchfield
criminally
prosecuted
refusing
warrantless
blood
draw
therefore
search
refused
justified
search
incident
arrest
basis
implied
consent
appears
basis
warrantless
test
birchfield
blood
threatened
unlawful
search
unlawfully
convicted
refusing
search
bernard
criminally
prosecuted
refusing
warrantless
breath
test
test
permissible
search
incident
arrest
drunk
driving
fourth
amendment
require
officers
obtain
warrant
prior
demanding
test
bernard
right
refuse
beylund
submitted
blood
test
police
told
law
required
submission
north
dakota
based
conclusion
beylund
consent
voluntary
erroneous
assumption
state
compel
blood
tests
reevaluate
beylund
consent
light
partial
inaccuracy
officer
advisory
pp
nd
reversed
remanded
affirmed
nd
vacated
remanded
alito
delivered
opinion
roberts
kennedy
breyer
kagan
joined
sotomayor
filed
opinion
concurring
part
dissenting
part
ginsburg
joined
thomas
filed
opinion
concurring
judgment
part
dissenting
part
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
nos
writ
certiorari
north
dakota
writ
certiorari
minnesota
writ
certiorari
north
dakota
june
justice
alito
delivered
opinion
drunk
drivers
take
grisly
toll
nation
roads
claiming
thousands
lives
injuring
many
victims
inflicting
billions
dollars
property
damage
every
year
fight
problem
laws
prohibit
motorists
driving
blood
alcohol
concentration
bac
exceeds
specified
level
determining
whether
driver
bac
legal
limit
requires
test
many
drivers
stopped
suspicion
drunk
driving
submit
testing
given
option
every
state
also
long
termed
implied
consent
laws
laws
impose
penalties
motorists
refuse
undergo
testing
sufficient
reason
believe
violating
state
laws
past
typical
penalty
noncompliance
suspension
revocation
motorist
license
cases
us
involve
laws
go
beyond
make
crime
motorist
refuse
tested
lawfully
arrested
driving
impaired
question
presented
whether
laws
violate
fourth
amendment
prohibition
unreasonable
searches
problem
drunk
driving
arose
almost
soon
motor
vehicles
came
use
see
jacobs
drunk
driving
american
dilemma
jacobs
new
jersey
enacted
perhaps
nation
first
law
laws
pp
soon
followed
early
laws
made
illegal
drive
intoxicated
provide
statistical
definition
intoxication
result
prosecutors
normally
present
testimony
defendant
showing
outward
signs
intoxication
like
imbalance
slurred
speech
donigan
chemical
tests
law
donigan
one
early
case
put
effects
resulting
drinking
intoxicating
liquors
manifested
various
ways
one
shown
influence
intoxicating
liquor
necessary
witness
prove
one
effects
perceptible
state
noble
saw
continued
rise
number
motor
vehicles
roads
end
prohibition
coincidentally
increased
interest
combating
growing
problem
drunk
driving
jones
measuring
alcohol
blood
breath
forensic
purposes
historical
review
sci
rev
jones
american
medical
association
national
safety
council
set
committees
study
problem
ultimately
concluded
driver
bac
higher
presumed
inebriated
donigan
indiana
enacted
first
law
defined
presumptive
intoxication
based
bac
levels
using
recommended
standard
ind
acts
jones
soon
followed
response
updated
guidance
national
organizations
lowered
presumption
bac
level
donigan
later
moved
away
mere
presumptions
defendants
might
rebut
adopted
laws
providing
driving
bac
higher
per
se
illegal
jacobs
enforcement
laws
type
obviously
requires
measurement
bac
one
way
analyze
sample
driver
blood
directly
technician
medical
training
uses
syringe
draw
blood
sample
veins
subject
must
remain
still
procedure
sample
shipped
separate
laboratory
measurement
alcohol
concentration
see
erwin
defense
drunk
driving
cases
ed
erwin
although
possible
subject
forcibly
immobilized
sample
may
drawn
many
prohibit
drawing
blood
driver
resists
since
practice
helps
avoid
violent
confrontations
south
dakota
neville
common
economical
method
calculating
bac
means
machine
measures
amount
alcohol
person
breath
national
highway
traffic
safety
admin
nhtsa
haire
leaf
preusser
solomon
use
warrants
reduce
breath
test
refusals
experiences
north
carolina
apr
one
device
called
drunkometer
invented
first
sold
note
rev
test
subject
inflate
small
balloon
test
analyst
release
captured
breath
machine
forced
chemical
solution
reacted
presence
alcohol
changing
color
test
analyst
observe
amount
breath
required
produce
color
change
calculate
subject
breath
alcohol
concentration
extension
bac
figure
practical
machine
called
breathalyzer
came
common
use
beginning
relying
basic
scientific
principles
erwin
jones
time
improved
breath
test
machines
developed
today
devices
detect
presence
alcohol
quickly
accurately
typically
using
infrared
technology
rather
chemical
reaction
erwin
jones
practice
breath
testing
machines
used
evidentiary
purposes
must
approved
national
highway
traffic
safety
administration
see
cohen
green
apprehending
prosecuting
drunk
driver
lexisnexis
machines
generally
regarded
reliable
federal
standards
require
devices
produce
accurate
reproducible
test
results
variety
bac
levels
low
high
fed
reg
erwin
jones
see
also
california
trombetta
measurement
bac
based
breath
test
requires
cooperation
person
tested
subject
must
take
deep
breath
exhale
mouthpiece
connects
machine
berger
work
alcohol
breath
testing
british
medical
berger
typically
test
subject
must
blow
air
device
period
several
produce
adequate
breath
sample
process
sometimes
repeated
analysts
compare
multiple
samples
ensure
device
accuracy
trombetta
supra
see
also
erwin
describing
intoxilyzer
device
requiring
exhalation
although
subject
may
take
new
breath
halfway
modern
breath
test
machines
designed
capture
deep
lung
alveolar
air
trombetta
supra
air
alveolar
region
lungs
provides
best
basis
determining
test
subject
bac
part
lungs
alcohol
vapor
gases
exchanged
blood
breath
erwin
standard
infrared
device
used
whole
process
takes
minutes
start
finish
berger
erwin
evidentiary
breath
tests
occur
next
vehicle
side
road
police
station
controlled
environment
especially
conducive
reliable
testing
cases
officer
patrol
vehicle
special
mobile
testing
facilities
nhtsa
berning
et
refusal
intoxication
testing
report
congress
cooperation
test
subject
necessary
breath
test
administered
highly
preferable
blood
sample
taken
enactment
laws
defining
intoxication
based
bac
made
necessary
find
way
securing
implied
consent
laws
enacted
achieve
result
provided
cooperation
bac
testing
condition
privilege
driving
state
roads
privilege
rescinded
suspected
drunk
driver
refused
honor
condition
donigan
first
law
enacted
new
york
many
followed
suit
long
thereafter
uniform
vehicle
code
also
included
provision
today
adopted
implied
consent
laws
require
motorists
condition
operating
motor
vehicle
within
state
consent
bac
testing
arrested
otherwise
detained
suspicion
offense
missouri
mcneely
plurality
opinion
slip
suspension
revocation
motorist
driver
license
remains
standard
legal
consequence
refusal
addition
evidence
motorist
refusal
admitted
evidence
likely
intoxication
prosecution
see
ibid
recent
decades
federal
government
toughened
laws
efforts
corresponded
dramatic
decrease
fatalities
early
number
annual
fatalities
averaged
recent
year
statistics
available
number
fallen
presidential
commission
drunk
driving
nhtsa
traffic
safety
facts
data
driving
nhtsa
driving
one
legal
change
lowering
bac
standard
see
erwin
addition
many
impose
increased
penalties
recidivists
drivers
bac
level
exceeds
higher
threshold
north
dakota
example
standard
penalty
offenders
license
suspension
fine
cent
code
ann
supp
offender
bac
higher
must
spend
least
two
days
jail
addition
state
imposes
increased
mandatory
minimum
sentences
recidivists
many
taken
similar
approach
new
structure
threatened
undermine
effectiveness
implied
consent
laws
penalty
driving
greatly
elevated
bac
repeat
violations
exceeds
penalty
refusing
submit
testing
motorists
fear
conviction
severely
punished
offenses
incentive
reject
testing
refusal
rate
high
average
drivers
asked
submit
bac
testing
refused
nhtsa
namuswe
coleman
berning
breath
test
refusal
rates
update
mar
north
dakota
refusal
rate
representative
minnesota
average
ibid
combat
problem
test
refusal
begun
enact
laws
making
crime
refuse
undergo
testing
minnesota
taken
approach
decades
see
laws
laws
may
partly
explain
refusal
rate
national
average
minnesota
rate
also
half
rate
reported
year
first
criminal
refusal
law
took
effect
see
ross
simon
cleary
lewis
storkamp
causes
consequences
implied
consent
refusal
alcohol
drugs
driving
north
dakota
adopted
similar
law
pair
accidents
claimed
lives
entire
young
family
another
family
laws
pp
codified
federal
government
also
encourages
approach
means
overcoming
incentive
drunk
drivers
refuse
test
nhtsa
refusal
intoxication
testing
ii
petitioner
danny
birchfield
accidentally
drove
car
north
dakota
highway
october
state
trooper
arrived
watched
birchfield
unsuccessfully
tried
drive
back
ditch
car
stuck
trooper
approached
caught
strong
whiff
alcohol
saw
birchfield
eyes
bloodshot
watery
birchfield
spoke
slurred
speech
struggled
stay
steady
feet
trooper
request
birchfield
agreed
take
several
field
sobriety
tests
performed
poorly
trouble
reciting
sections
alphabet
counting
backwards
compliance
trooper
directions
believing
birchfield
intoxicated
trooper
informed
obligation
state
law
agree
bac
test
birchfield
consented
roadside
breath
test
device
used
sort
test
often
differs
machines
used
breath
tests
administered
police
station
intended
provide
preliminary
assessment
driver
bac
see
berger
reliability
preliminary
screening
breath
tests
varies
many
jurisdictions
permit
numerical
results
admitted
trial
evidence
driver
bac
see
generally
erwin
north
dakota
results
type
test
used
determining
whether
test
shall
given
cent
code
ann
birchfield
case
screening
test
estimated
bac
three
times
legal
limit
see
state
trooper
arrested
birchfield
driving
impaired
gave
usual
miranda
warnings
advised
obligation
north
dakota
law
undergo
bac
testing
informed
state
law
requires
see
refusing
take
test
expose
criminal
penalties
addition
mandatory
addiction
treatment
sentences
range
mandatory
fine
offenders
fines
least
imprisonment
least
one
year
one
day
serial
offenders
criminal
penalties
apply
blood
breath
urine
test
refusals
alike
see
although
faced
prospect
prosecution
law
birchfield
refused
let
blood
drawn
three
months
birchfield
received
citation
driving
influence
ultimately
pleaded
guilty
offense
state
birchfield
crim
dist
morton
time
also
pleaded
guilty
misdemeanor
violation
refusal
statute
plea
conditional
one
birchfield
admitted
refusing
blood
test
argued
fourth
amendment
prohibited
criminalizing
refusal
submit
test
state
district
rejected
argument
imposed
sentence
accounted
prior
conviction
cf
sentence
included
days
jail
suspended
already
served
year
unsupervised
probation
fine
fees
mandatory
participation
sobriety
program
substance
abuse
evaluation
app
pet
cert
appeal
north
dakota
affirmed
nd
found
support
test
refusal
statute
mcneely
plurality
opinion
spoken
favorably
acceptable
tools
consequences
refusing
submit
testing
quoting
mcneely
slip
august
minnesota
police
received
report
problem
south
paul
boat
launch
three
apparently
intoxicated
men
gotten
truck
stuck
river
attempting
pull
boat
water
police
arrived
witnesses
informed
man
underwear
driving
truck
man
proved
william
robert
bernard
petitioner
second
cases
bernard
admitted
drinking
denied
driving
truck
though
holding
keys
refused
perform
field
sobriety
tests
noting
bernard
breath
smelled
alcohol
eyes
bloodshot
watery
officers
arrested
bernard
driving
impaired
back
police
station
officers
read
bernard
minnesota
implied
consent
advisory
like
north
dakota
informs
motorists
crime
state
law
refuse
submit
legally
required
bac
test
see
stat
subd
aside
noncriminal
penalties
like
license
revocation
subd
test
refusal
minnesota
result
criminal
penalties
ranging
days
imprisonment
fine
misdemeanor
violation
seven
years
imprisonment
fine
repeat
offenders
subd
subds
subd
subd
officers
asked
bernard
take
breath
test
refused
prosecutors
charged
test
refusal
first
degree
four
prior
convictions
case
refusal
carries
highest
maximum
penalties
mandatory
minimum
prison
sentence
subd
minnesota
district
dismissed
charges
ground
warrantless
breath
test
demanded
bernard
permitted
fourth
amendment
app
pet
cert
pp
minnesota
appeals
reversed
state
affirmed
judgment
based
longstanding
doctrine
authorizes
warrantless
searches
incident
lawful
arrest
high
concluded
police
need
warrant
insist
test
bernard
breath
two
justices
dissented
opinion
page
stras
police
officer
spotted
third
petitioner
steve
michael
beylund
driving
streets
bowman
north
dakota
night
august
officer
saw
beylund
try
unsuccessfully
turn
driveway
process
beylund
car
nearly
hit
stop
sign
coming
stop
still
partly
public
road
officer
walked
car
saw
beylund
empty
wine
glass
center
console
next
noticing
beylund
also
smelled
alcohol
officer
asked
step
car
beylund
struggled
keep
balance
officer
arrested
beylund
driving
impaired
took
nearby
hospital
read
beylund
north
dakota
implied
consent
advisory
informing
test
refusal
circumstances
crime
see
cent
code
ann
unlike
two
petitioners
cases
beylund
agreed
blood
drawn
analyzed
nurse
took
blood
sample
revealed
blood
alcohol
concentration
three
times
legal
limit
given
test
results
beylund
driver
license
suspended
two
years
administrative
hearing
beylund
appealed
hearing
officer
decision
north
dakota
district
principally
arguing
consent
blood
test
coerced
officer
warning
refusing
consent
crime
district
rejected
argument
beylund
appealed
north
dakota
affirmed
response
beylund
argument
consent
insufficiently
voluntary
announced
criminal
penalties
refusal
relied
fact
birchfield
decision
upheld
constitutionality
penalties
nd
also
explained
found
consent
offered
similarly
situated
motorist
voluntary
state
smith
nd
case
emphasized
north
dakota
implied
consent
advisory
misleading
truthfully
related
penalties
refusal
granted
certiorari
three
cases
consolidated
argument
see
order
decide
whether
motorists
lawfully
arrested
drunk
driving
may
convicted
crime
otherwise
penalized
refusing
take
warrantless
test
measuring
alcohol
bloodstream
iii
summary
facts
proceedings
three
cases
reveals
cases
differ
respects
petitioners
birchfield
beylund
told
obligated
submit
blood
test
whereas
petitioner
bernard
informed
breath
test
required
birchfield
bernard
refused
undergo
test
convicted
crime
refusal
beylund
complied
demand
blood
sample
license
suspended
administrative
proceeding
based
test
results
revealed
high
blood
alcohol
level
despite
differences
success
three
petitioners
depends
proposition
criminal
law
ordinarily
may
compel
motorist
submit
taking
blood
sample
breath
test
unless
warrant
authorizing
testing
issued
magistrate
hand
warrantless
searches
comport
fourth
amendment
follows
state
may
criminalize
refusal
comply
demand
submit
required
testing
state
may
make
crime
person
obstruct
execution
valid
search
warrant
see
stat
stat
stat
ann
west
cf
bumper
north
carolina
law
enforcement
officer
claims
authority
search
home
warrant
announces
effect
occupant
right
resist
search
token
warrantless
searches
constitutional
obstacle
federal
law
admission
results
yield
either
criminal
prosecution
civil
administrative
proceeding
therefore
begin
considering
whether
searches
demanded
cases
consistent
fourth
amendment
iv
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
amendment
thus
prohibits
unreasonable
searches
cases
establish
taking
blood
sample
administration
breath
test
search
see
skinner
railway
labor
executives
schmerber
california
question
whether
warrantless
searches
issue
reasonable
see
vernonia
school
dist
acton
text
fourth
amendment
indicates
ultimate
measure
constitutionality
governmental
search
text
fourth
amendment
specify
search
warrant
must
obtained
kentucky
king
see
also
california
acevedo
scalia
concurring
judgment
text
explicitly
regarding
warrants
way
limitation
upon
issuance
rather
requirement
use
inferred
warrant
must
usually
secured
king
usual
requirement
however
subject
number
exceptions
ibid
previously
occasion
examine
whether
one
exception
exigent
circumstances
applies
investigations
exigent
circumstances
exception
allows
warrantless
search
emergency
leaves
police
insufficient
time
seek
warrant
michigan
tyler
permits
instance
warrantless
entry
private
property
need
provide
urgent
aid
inside
police
hot
pursuit
fleeing
suspect
police
fear
imminent
destruction
evidence
king
supra
schmerber
california
held
drunk
driving
may
present
exigency
officer
directed
hospital
personnel
take
blood
sample
driver
receiving
treatment
car
crash
injuries
concluded
officer
might
reasonably
believed
confronted
emergency
left
time
seek
warrant
percentage
alcohol
blood
begins
diminish
shortly
drinking
stops
specific
facts
case
time
already
lost
taking
driver
hospital
investigating
accident
found
fourth
amendment
violation
even
though
warrantless
blood
draw
took
place
driver
objection
recently
though
held
natural
dissipation
alcohol
bloodstream
always
constitute
exigency
justifying
warrantless
taking
blood
sample
holding
missouri
mcneely
state
missouri
seeking
per
se
rule
whenever
officer
probable
cause
believe
individual
driving
influence
alcohol
exigent
circumstances
necessarily
exist
bac
evidence
inherently
evanescent
opinion
slip
disagreed
emphasizing
schmerber
adopted
analysis
depending
facts
circumstances
particular
case
slip
refused
depart
careful
assessment
exigency
adopt
categorical
rule
proposed
state
slip
emphasizing
exception
must
applied
basis
mcneely
noted
exceptions
warrant
requirement
apply
categorically
rather
fashion
slip
one
mcneely
opinion
recognized
rule
warrantless
search
may
conducted
incident
lawful
arrest
see
ibid
pointedly
address
potential
justification
warrantless
testing
suspects
except
exception
issue
th
case
namely
exception
exigent
circumstances
slip
neither
justices
wrote
separately
see
kennedy
concurring
part
slip
roberts
concurring
part
dissenting
part
slip
thomas
dissenting
slip
three
cases
us
drivers
searched
told
required
submit
search
placed
arrest
drunk
driving
therefore
consider
doctrine
applies
breath
blood
tests
incident
arrests
doctrine
ancient
pedigree
well
nation
founding
recognized
officers
carrying
lawful
arrest
authority
make
warrantless
search
arrestee
person
manual
justices
peace
provides
representative
picture
usual
practice
shortly
fourth
amendment
adoption
thorough
search
felon
utmost
consequence
safety
benefit
public
means
deprived
instruments
mischief
evidence
may
probably
found
sufficient
convict
either
time
opportunity
allowed
besure
sic
find
means
get
rid
conductor
generalis
parker
ed
reprinting
welch
observations
office
constable
one
fourth
amendment
historian
observed
prior
american
independence
nyone
arrested
expect
surface
clothing
body
luggage
saddlebags
searched
perhaps
shoes
socks
mouth
well
cuddihy
fourth
amendment
origins
original
meaning
historical
evidence
suggests
fourth
amendment
altered
permissible
bounds
arrestee
searches
contrary
legal
scholars
agree
legitimacy
body
searches
adjunct
arrest
process
thoroughly
established
colonial
times
much
constitutionality
doubted
see
also
taylor
two
studies
constitutional
interpretation
stuntz
substantive
origins
criminal
procedure
yale
reported
cases
addressed
legality
searches
century
apparently
point
much
contested
century
subject
came
discussion
often
decisions
treatises
alike
confirmed
searches
broad
acceptance
holker
hennessey
mo
ex
parte
hurn
thatcher
weeks
reifsnyder
lee
iowa
wharton
criminal
pleading
practice
ed
bishop
criminal
procedure
ed
first
addressed
question
confirmed
albeit
dicta
right
part
government
always
recognized
english
american
law
search
person
accused
legally
arrested
discover
seize
fruits
evidence
crime
weeks
exception
quickly
became
fixture
fourth
amendment
case
law
decades
followed
grappled
repeatedly
question
authority
arresting
officers
search
area
surrounding
arrestee
decisions
reached
results
easy
reconcile
see
lefkowitz
forbidding
unrestrained
search
room
arrest
made
harris
permitting
complete
search
arrestee
apartment
rabinowitz
permitting
complete
search
arrestee
office
attempted
clarify
law
regarding
searches
incident
arrest
chimel
california
case
officers
searched
arrestee
entire
house
chimel
endorsed
general
rule
arresting
officers
order
prevent
arrestee
obtaining
weapon
destroying
evidence
search
person
arrested
area
immediate
control
comparable
justification
said
supported
routinely
searching
room
arrest
occurs
matter
searching
desk
drawers
closed
concealed
areas
room
ibid
four
years
later
robinson
elaborated
chimel
meaning
noted
rule
actually
comprises
two
distinct
propositions
first
search
may
made
person
arrestee
virtue
lawful
arrest
second
search
may
made
area
within
control
arrestee
thorough
review
relevant
common
law
history
repudiated
adjudication
question
whether
arresting
officer
authority
carry
search
arrestee
person
permissibility
searches
held
depend
whether
search
particular
arrestee
likely
protect
officer
safety
evidence
authority
search
person
incident
lawful
custodial
arrest
based
upon
need
disarm
discover
evidence
depend
may
later
decide
probability
particular
arrest
situation
weapons
evidence
fact
found
upon
person
suspect
ibid
instead
mere
fact
lawful
arrest
justifies
full
search
person
ibid
robinson
meant
police
acted
permissibly
searching
inside
package
cigarettes
found
man
arrested
decision
two
terms
ago
riley
california
reaffirmed
robinson
categorical
rule
explained
rule
applied
situations
envisioned
fourth
amendment
adopted
slip
riley
concerned
search
data
contained
memory
modern
cell
phone
absent
precise
guidance
founding
era
wrote
generally
determine
whether
exempt
given
type
search
warrant
requirement
assessing
one
hand
degree
intrudes
upon
individual
privacy
degree
needed
promotion
legitimate
governmental
interests
ibid
blood
breath
tests
measure
blood
alcohol
concentration
new
searches
cell
phones
riley
founding
era
provide
definitive
guidance
whether
allowed
incident
lacking
guidance
engage
mode
analysis
riley
examine
degree
intrud
upon
individual
privacy
degree
needed
promotion
legitimate
governmental
interests
ibid
begin
considering
impact
breath
blood
tests
individual
privacy
interests
discuss
type
test
turn
years
ago
said
breath
tests
implicat
significant
privacy
concerns
skinner
remains
today
first
physical
intrusion
almost
negligible
breath
tests
require
piercing
skin
entail
minimum
inconvenience
minnesota
describes
version
breath
test
process
requires
arrestee
blow
continuously
seconds
mouthpiece
connected
tube
test
machine
brief
respondent
independent
sources
describe
breath
test
devices
essentially
terms
see
supra
effort
demanding
blowing
party
balloon
petitioner
bernard
argues
however
process
nevertheless
significant
intrusion
arrestee
must
insert
mouthpiece
machine
mouth
reply
brief
nothing
painful
strange
requirement
use
straw
drink
beverages
common
practice
one
object
contrary
bernard
test
significant
intrusion
capture
ordinary
exhalation
kind
routinely
exposed
public
instead
sample
alveolar
deep
lung
air
brief
petitioner
humans
never
known
assert
possessory
interest
emotional
attachment
air
lungs
air
humans
exhale
part
bodies
exhalation
natural
process
indeed
one
necessary
life
humans
hold
breath
minutes
air
breathed
breath
analyzing
machine
including
deep
lung
air
sooner
later
exhaled
even
without
test
see
generally
hall
guyton
hall
textbook
medical
physiology
ed
prior
cases
upheld
warrantless
searches
involving
physical
intrusions
least
significant
entailed
administration
breath
test
recently
described
process
collecting
dna
sample
rubbing
swab
inside
person
cheek
negligible
intrusion
maryland
king
slip
also
upheld
scraping
underneath
suspect
fingernails
find
evidence
crime
calling
limited
intrusion
cupp
murphy
breath
test
intrusive
either
procedures
second
breath
tests
capable
revealing
one
bit
information
amount
alcohol
subject
breath
respect
contrast
sharply
sample
cells
collected
swab
maryland
king
although
dna
obtained
law
issue
case
lawfully
used
identification
purposes
slip
process
put
possession
law
enforcement
authorities
sample
wealth
additional
highly
personal
information
potentially
obtained
breath
test
contrast
results
bac
reading
machine
nothing
sample
anything
left
possession
police
finally
participation
breath
test
experience
likely
cause
great
enhancement
embarrassment
inherent
arrest
see
skinner
supra
breath
test
involves
minimum
embarrassment
act
blowing
straw
inherently
embarrassing
evidentiary
breath
tests
administered
manner
causes
embarrassment
tests
normally
administered
private
police
station
patrol
car
mobile
testing
facility
public
view
see
supra
moreover
placed
arrest
individual
expectation
privacy
necessarily
diminished
maryland
king
supra
slip
reasons
reiterate
said
skinner
breath
test
implicat
significant
privacy
concerns
blood
tests
different
matter
require
piercing
skin
extract
part
subject
body
skinner
supra
see
also
mcneely
opinion
slip
blood
draws
compelled
physical
intrusion
beneath
defendant
skin
veins
opinion
roberts
slip
blood
draws
significant
bodily
intrusions
humans
exhale
air
lungs
many
times
per
minute
humans
continually
shed
blood
true
course
people
voluntarily
submit
taking
blood
samples
part
physical
examination
process
involves
little
pain
risk
see
plurality
opinion
slip
citing
schmerber
nevertheless
many
process
one
relish
significantly
intrusive
blowing
tube
perhaps
many
implied
consent
laws
including
minnesota
specifically
prescribe
breath
tests
administered
usual
case
instead
blood
tests
give
motorists
measure
choice
test
take
see
erwin
stat
subd
addition
blood
test
unlike
breath
test
places
hands
law
enforcement
authorities
sample
preserved
possible
extract
information
beyond
simple
bac
reading
even
law
enforcement
agency
precluded
testing
blood
purpose
measure
bac
potential
remains
may
result
anxiety
person
tested
assessed
impact
breath
blood
testing
privacy
interests
look
asserted
need
obtain
bac
readings
persons
arrested
drunk
driving
federal
government
paramount
interest
preserving
safety
public
highways
mackey
montrym
although
number
deaths
injuries
caused
motor
vehicle
accidents
declined
years
statistics
still
staggering
see
nhtsa
traffic
safety
facts
overview
fatalities
injuries
nhtsa
traffic
safety
facts
data
summary
motor
vehicle
crashes
may
table
fatalities
injuries
alcohol
consumption
leading
cause
traffic
fatalities
injuries
past
decade
annual
fatalities
accidents
ranged
deaths
deaths
nhtsa
driving
recent
data
report
total
fatalities
average
one
death
every
minutes
cases
long
recognized
carnage
slaughter
caused
drunk
drivers
neville
breithaupt
abram
justice
sotomayor
partial
dissent
suggests
interests
fighting
drunk
driving
satisfied
suspected
drunk
drivers
arrested
since
arrests
take
intoxicated
drivers
roads
might
harm
see
post
opinion
concurring
part
dissenting
part
course
solely
concerned
neutralizing
threat
posed
drunk
driver
already
gotten
behind
wheel
also
compelling
interest
creating
effective
deterrent
drunken
driving
individuals
make
responsible
decisions
become
threat
others
first
place
mackey
supra
deter
potential
drunk
drivers
thereby
reduce
injuries
federal
government
taken
series
steps
recounted
earlier
see
supra
briefly
recapitulate
pegging
inebriation
specific
level
blood
alcohol
passed
implied
consent
laws
induce
motorists
submit
bac
testing
laws
originally
provided
refusal
submit
result
loss
privilege
driving
use
evidence
refusal
prosecution
recently
federal
government
concluded
consequences
insufficient
particular
license
suspension
alone
unlikely
persuade
dangerous
offenders
drive
bac
significantly
current
limit
recidivists
agree
test
lead
severe
criminal
sanctions
nhtsa
implied
consent
refusal
impact
pp
xvii
nhtsa
use
warrants
breath
test
refusal
laws
issue
present
cases
make
crime
refuse
submit
bac
test
designed
provide
incentive
cooperate
cases
conclude
serve
important
function
petitioners
justice
sotomayor
contend
federal
government
combat
drunk
driving
ways
impact
personal
privacy
arguments
unconvincing
chief
argument
score
officer
making
arrest
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driving
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administer
bac
test
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officer
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warrant
time
obtain
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test
results
governmental
interest
warrantless
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testing
justice
sotomayor
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turns
burden
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purpose
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camara
municipal
city
county
san
francisco
argument
contravenes
decisions
holding
legality
search
incident
arrest
must
judged
basis
categorical
rules
robinson
example
one
claimed
object
search
package
cigarettes
presented
danger
arresting
officer
risk
destroyed
time
taken
secure
search
warrant
nevertheless
upheld
constitutionality
warrantless
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concluding
categorical
rule
needed
give
police
adequate
guidance
police
officer
determination
search
person
suspect
arrested
necessarily
quick
ad
hoc
judgment
fourth
amendment
require
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instance
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search
cf
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slip
police
workable
rules
balancing
competing
interests
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large
part
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basis
ad
hoc
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individual
police
officers
brackets
ellipsis
internal
quotation
marks
omitted
surprising
language
justice
sotomayor
quotes
justify
approach
comes
case
law
case
addressed
routine
home
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possible
housing
code
violations
see
camara
camara
express
concern
passage
dissent
quotes
whether
public
interest
demands
creation
general
exception
fourth
amendment
warrant
requirement
emphasis
added
camara
explain
apply
existing
exception
let
alone
exception
searches
incident
lawful
arrest
whose
applicability
robinson
riley
make
plain
never
turned
variables
quickly
officer
able
obtain
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circumstances
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advocating
approach
petitioners
justice
sotomayor
cite
language
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petitioner
post
mcneely
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exception
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requirement
exigent
circumstances
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case
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justice
sotomayor
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categorical
doctrine
exigent
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doctrine
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framework
post
mcneely
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note
decision
address
exceptions
warrant
requirement
slip
petitioners
justice
sotomayor
next
suggest
requiring
warrant
bac
testing
every
case
motorist
arrested
drunk
driving
impose
great
burden
police
courts
course
argument
made
searching
objects
found
arrestee
possession
cases
permit
even
absence
warrant
cigarette
package
robinson
motorist
arrested
drunk
driving
flask
pocket
motorist
arrested
driving
influence
marijuana
appears
marijuana
cigarette
person
unmarked
bottle
pills
search
warrant
required
every
search
incident
arrest
involve
exigent
circumstances
courts
swamped
even
arbitrarily
singled
bac
tests
incident
arrest
special
treatment
appears
dissent
see
post
impact
courts
considerable
number
arrests
every
year
driving
influence
enormous
million
fbi
uniform
crime
report
crime
arrests
fall
particularly
sparsely
populated
areas
small
task
courts
field
large
new
influx
warrant
applications
come
day
year
hour
many
jurisdictions
judicial
officers
authority
issue
warrants
within
districts
see
fed
rule
crim
proc
rule
crim
proc
rural
areas
districts
may
small
number
judicial
officers
north
dakota
instance
state
district
judges
spread
across
eight
judicial
judges
assisted
magistrates
magistrates
state
given
location
state
relatively
state
officials
authority
issue
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yet
state
population
roughly
sees
nearly
arrests
year
office
north
dakota
attorney
general
crime
north
dakota
pp
small
number
judicial
officers
authorized
issue
warrants
parts
state
burden
fielding
bac
warrant
applications
hours
per
day
days
year
light
burden
petitioners
justice
sotomayor
suggest
light
burden
prior
precedents
petitioners
minimum
show
special
need
warrants
bac
testing
therefore
appropriate
consider
benefits
applications
provide
search
warrants
protect
privacy
two
main
ways
first
ensure
search
carried
unless
neutral
magistrate
makes
independent
determination
probable
cause
believe
evidence
found
see
riley
slip
second
magistrate
finds
probable
cause
warrant
limits
intrusion
privacy
specifying
scope
search
area
searched
items
sought
chadwick
abrogated
grounds
acevedo
well
functions
performed
warrant
applications
petitioners
propose
order
persuade
magistrate
probable
cause
search
warrant
officer
typically
recite
facts
led
officer
find
probable
cause
arrest
namely
probable
cause
believe
bac
test
reveal
motorist
blood
alcohol
level
limit
three
cases
suggest
see
part
ii
supra
facts
establish
probable
cause
largely
one
stop
next
consist
largely
officer
characterization
observations
example
strong
odor
alcohol
motorist
wobbled
attempting
stand
motorist
paused
reciting
alphabet
counting
backwards
magistrate
poor
position
challenge
characterizations
second
function
served
search
warrants
delineating
scope
search
warrants
question
serve
function
every
case
scope
warrant
simply
bac
test
arrestee
cf
skinner
light
standardized
nature
tests
minimal
discretion
vested
charged
administering
program
virtually
facts
neutral
magistrate
evaluate
reasons
requiring
police
obtain
warrant
every
case
impose
substantial
burden
commensurate
benefit
petitioners
advance
alternatives
warrantless
bac
tests
incident
arrest
poor
substitutes
relying
recent
nhtsa
report
petitioner
birchfield
identifies
strategies
claims
least
effective
implied
consent
laws
including
sobriety
checkpoints
installing
ignition
interlocks
repeat
offenders
cars
disable
operation
driver
breath
reveals
sufficiently
high
alcohol
concentration
alcohol
treatment
programs
brief
petitioner
birchfield
ignores
fact
cited
report
describes
many
measures
checkpoints
significantly
costly
test
refusal
penalties
nhtsa
goodwin
et
countermeasures
work
highway
safety
countermeasures
guide
state
highway
safety
offices
ed
others
ignition
interlocks
target
segment
population
still
others
treatment
programs
already
widespread
use
see
including
north
dakota
minnesota
moreover
nhtsa
report
line
agency
guidance
elsewhere
stresses
bac
test
refusal
penalties
effective
consequences
refusal
made
severe
including
addition
criminal
penalties
petitioner
bernard
objects
whole
idea
analyzing
breath
blood
tests
searches
incident
arrest
doctrine
argues
protect
sort
governmental
interests
warrantless
breath
blood
tests
serve
reading
precedents
permit
search
arrestee
solely
prevent
arrestee
obtaining
weapon
taking
steps
destroy
evidence
see
reply
brief
chimel
example
derived
limitation
scope
permitted
search
area
arrestee
might
reach
principle
officers
may
reasonably
search
area
within
might
gain
possession
weapon
destructible
evidence
stopping
arrestee
destroying
evidence
bernard
argues
critically
different
preventing
loss
blood
alcohol
evidence
result
body
metabolism
alcohol
natural
process
arrestee
little
control
reply
brief
distinction
bernard
draws
arrestee
active
destruction
evidence
loss
evidence
due
natural
process
makes
little
sense
situations
state
justifiably
concerned
evidence
may
lost
bernard
explain
cause
loss
dispositive
fact
many
cases
recognized
state
concern
avoiding
arrestee
intentional
destruction
evidence
evidence
preservation
avoiding
loss
evidence
generally
riley
slip
see
also
robinson
need
preserve
evidence
person
knowles
iowa
need
discover
preserve
evidence
concern
destruction
loss
evidence
emphasis
added
virginia
moore
need
safeguard
evidence
concern
preserving
evidence
preventing
loss
readily
encompasses
inevitable
metabolization
alcohol
blood
reason
suspect
chimel
use
word
destruction
deliberate
decision
rule
evidence
loss
mostly
beyond
arrestee
control
case
involve
evidence
subject
dissipation
natural
processes
sign
opinion
situation
mind
bernard
attempts
derive
concrete
support
position
schmerber
case
stated
destruction
evidence
direct
control
accused
danger
present
respect
searches
involving
intrusions
beyond
body
surface
bernard
reads
mean
arrestee
required
take
chemical
test
incident
arrest
brief
petitioner
using
term
chemical
test
bernard
obscures
fact
schmerber
passage
addressed
type
test
issue
case
namely
blood
test
described
blood
tests
searches
involving
intrusions
beyond
body
surface
saw
searches
implicating
important
interests
human
dignity
privacy
although
appreciated
well
blood
tests
involv
virtually
risk
trauma
pain
point
searches
still
impinge
far
sensitive
interests
typical
search
person
arrestee
cf
supra
breath
tests
unlike
blood
tests
invasive
body
skinner
emphasis
added
therefore
comments
schmerber
inapposite
comes
type
test
bernard
asked
take
schmerber
involve
breath
test
question
breath
tests
legality
schmerber
said
nothing
finally
bernard
supports
distinction
using
passage
mcneely
opinion
distinguishes
easily
disposable
evidence
suspect
control
evidence
like
blood
alcohol
evidence
lost
natural
process
gradual
relatively
predictable
manner
slip
see
reply
brief
bernard
fails
note
issue
paragraph
addressed
mcneely
concerned
one
exception
usual
warrant
requirement
exception
exigent
circumstances
previously
discussed
exception
always
understood
involve
evaluation
particular
facts
case
contrast
concerned
exception
made
clear
robinson
repeated
mcneely
authority
categorical
depend
evaluation
threat
officer
safety
threat
evidence
loss
particular
assessed
effect
bac
tests
privacy
interests
need
tests
conclude
fourth
amendment
permits
warrantless
breath
tests
incident
arrests
drunk
driving
impact
breath
tests
privacy
slight
need
bac
testing
great
reach
different
conclusion
respect
blood
tests
blood
tests
significantly
intrusive
reasonableness
must
judged
light
availability
less
invasive
alternative
breath
test
respondents
offered
satisfactory
justification
demanding
intrusive
alternative
without
warrant
neither
respondents
amici
dispute
effectiveness
breath
tests
measuring
bac
breath
tests
common
use
many
years
results
admissible
widely
credited
juries
respondents
dispute
accuracy
utility
justification
warrantless
blood
tests
one
advantage
blood
tests
ability
detect
alcohol
also
substances
impair
driver
ability
operate
car
safely
see
brief
new
jersey
et
al
amici
curiae
brief
amicus
curiae
breath
test
police
measures
disposal
reason
believe
motorist
may
influence
substance
example
breath
test
indicates
clearly
impaired
motorist
little
alcohol
blood
nothing
prevents
police
seeking
warrant
blood
test
sufficient
time
particular
circumstances
relying
exigent
circumstances
exception
warrant
requirement
see
mcneely
slip
blood
test
also
requires
less
driver
participation
breath
test
order
technician
take
blood
sample
needed
subject
remain
still
either
voluntarily
immobilized
thus
possible
extract
blood
sample
subject
forcibly
resists
many
reasonably
prefer
take
step
see
neville
north
dakota
example
tells
us
generally
opposes
practice
risk
dangerous
altercations
police
officers
arrestees
rural
areas
arresting
officer
may
backup
brief
respondent
current
north
dakota
law
cases
involving
accident
results
death
serious
injury
may
blood
taken
arrestees
resist
compare
cent
code
ann
true
blood
test
unlike
breath
test
may
administered
person
unconscious
perhaps
result
crash
unable
needed
take
breath
test
due
profound
intoxication
injuries
reason
believe
situations
common
arrests
arise
police
may
apply
warrant
need
breath
test
may
also
ineffective
arrestee
deliberately
attempts
prevent
accurate
reading
failing
blow
tube
requisite
length
time
necessary
force
courts
held
conduct
qualifies
refusal
undergo
testing
andrews
turner
ohio
kunneman
civ
app
see
generally
erwin
collecting
cases
may
prosecuted
warrant
blood
test
may
sought
breath
tests
significantly
less
intrusive
blood
tests
cases
amply
serve
law
enforcement
interests
conclude
breath
test
blood
test
may
administered
search
incident
lawful
arrest
drunk
driving
cases
involving
reasonable
searches
incident
arrest
warrant
needed
vi
concluded
search
incident
arrest
doctrine
justify
warrantless
taking
blood
sample
must
address
respondents
alternative
argument
tests
justified
based
driver
legally
implied
consent
submit
well
established
search
reasonable
subject
consents
schneckloth
bustamonte
sometimes
consent
search
need
express
may
fairly
inferred
context
cf
florida
jardines
slip
marshall
barlow
prior
opinions
referred
approvingly
general
concept
laws
impose
civil
penalties
evidentiary
consequences
motorists
refuse
comply
see
mcneely
supra
plurality
opinion
slip
neville
supra
petitioners
question
constitutionality
laws
nothing
say
read
cast
doubt
another
matter
however
state
insist
upon
intrusive
blood
test
also
impose
criminal
penalties
refusal
submit
test
must
limit
consequences
motorists
may
deemed
consented
virtue
decision
drive
public
roads
respondents
amici
concede
point
north
dakota
emphasizes
law
makes
refusal
misdemeanor
suggests
laws
punishing
refusal
severely
present
different
issue
brief
respondent
borrowing
fifth
amendment
jurisprudence
suggests
motorists
deemed
consented
conditions
reasonable
nexus
privilege
driving
entail
penalties
proportional
severity
violation
brief
amicus
curiae
fourth
amendment
setting
standard
differ
substance
one
apply
since
reasonableness
always
touchstone
fourth
amendment
analysis
see
brigham
city
stuart
applying
standard
conclude
motorists
deemed
consented
submit
blood
test
pain
committing
criminal
offense
vii
remaining
task
apply
legal
conclusions
three
cases
us
petitioner
birchfield
criminally
prosecuted
refusing
warrantless
blood
draw
therefore
search
refused
justified
search
incident
arrest
basis
implied
consent
indication
record
briefing
breath
test
failed
satisfy
state
interests
acquiring
evidence
enforce
laws
birchfield
north
dakota
presented
information
suggest
exigent
circumstances
exception
justified
warrantless
search
cf
mcneely
slip
unable
see
basis
justify
warrantless
test
birchfield
blood
conclude
birchfield
threatened
unlawful
search
judgment
affirming
conviction
must
reversed
bernard
hand
criminally
prosecuted
refusing
warrantless
breath
test
test
permissible
search
incident
bernard
arrest
drunk
driving
arrest
whose
legality
bernard
contested
accordingly
fourth
amendment
require
officers
obtain
warrant
prior
demanding
test
bernard
right
refuse
unlike
petitioners
beylund
prosecuted
refusing
test
submitted
blood
test
police
told
law
required
submission
license
suspended
fined
administrative
proceeding
north
dakota
held
beylund
consent
voluntary
erroneous
assumption
state
permissibly
compel
blood
breath
tests
voluntariness
consent
search
must
determined
totality
circumstances
schneckloth
supra
leave
state
remand
reevaluate
beylund
consent
given
partial
inaccuracy
officer
accordingly
reverse
judgment
north
dakota
remand
case
proceedings
inconsistent
opinion
affirm
judgment
minnesota
vacate
judgment
north
dakota
remand
case
proceedings
inconsistent
opinion
ordered
opinion
sotomayor
nos
writ
certiorari
north
dakota
writ
certiorari
minnesota
writ
certiorari
north
dakota
june
justice
sotomayor
justice
ginsburg
joins
concurring
part
dissenting
part
today
considers
three
consolidated
cases
join
majority
disposition
birchfield
north
beylund
levi
holds
exception
fourth
amendment
warrant
requirement
permit
warrantless
blood
tests
dissent
disposition
bernard
minnesota
holds
exception
permits
warrantless
breath
tests
governmental
interest
categorically
makes
impractical
officer
obtain
warrant
measuring
driver
alcohol
level
fourth
amendment
prohibits
searches
without
warrant
unless
exigent
circumstances
exist
particular
recognizes
proper
disposition
case
turns
whether
fourth
amendment
guarantees
right
subjected
warrantless
breath
test
arrested
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
ultimate
touchstone
fourth
amendment
brigham
city
stuart
citizen
fourth
amendment
right
free
unreasonable
searches
disappear
upon
arrest
police
officers
may
want
conduct
range
searches
placing
person
arrest
may
want
pat
arrestee
search
pockets
purse
peek
inside
wallet
scroll
cellphone
examine
car
dwelling
swab
cheeks
take
blood
breath
samples
determine
level
intoxication
officer
authorized
conduct
searches
simply
arrested
someone
search
must
separately
analyzed
determine
reasonableness
person
arrested
warrants
usual
safeguard
unreasonable
searches
guarantee
search
random
arbitrary
ac
government
agents
instead
narrowly
limited
objectives
scope
skinner
railway
labor
executives
warrants
provide
detached
scrutiny
neutral
magistrate
thus
ensur
objective
determination
whether
intrusion
justified
ibid
give
life
instruction
fourth
amendment
designed
prevent
simply
redress
unlawful
police
action
steagald
internal
quotation
marks
omitted
securing
warrant
search
rule
reasonableness
warrant
requirement
subject
specifically
established
exceptions
katz
determine
whether
exempt
given
type
search
warrant
requirement
traditionally
assess
es
one
hand
degree
intrudes
upon
individual
privacy
degree
needed
promotion
legitimate
governmental
interests
riley
california
slip
internal
quotation
marks
omitted
weighing
whether
public
interest
demands
creation
general
exception
fourth
amendment
warrant
requirement
question
whether
public
interest
justifies
type
search
question
specifically
whether
burden
obtaining
warrant
likely
frustrate
governmental
purpose
behind
search
camara
municipal
city
county
san
francisco
see
also
powell
concurring
noting
areas
ranging
building
inspections
automobile
searches
general
approach
exceptions
warrant
requirement
determine
whether
system
constructed
feasible
dist
eastern
dist
must
ask
whether
warrant
requirement
unduly
frustrate
governmental
interest
applying
principles
past
cases
recognized
two
kinds
exceptions
warrant
requirement
implicated
exceptions
particularities
individual
case
justify
warrantless
search
instance
others
categorical
exceptions
commonalities
among
class
cases
justify
dispensing
warrant
requirement
cases
regardless
individual
circumstances
relevant
allows
warrantless
searches
basis
exigencies
particular
case
make
needs
law
enforcement
compelling
warrantless
search
objectively
reasonable
instance
missouri
mcneely
slip
quoting
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north
dakota
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state
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see
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state
chirpich
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north
dakota
minnesota
give
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dakota
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fourth
amendment
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dakota
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north
dakota
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minnesota
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nhtsa
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coleman
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rates
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minnesota
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guard
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north
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justice
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footnotes
together
bernard
minnesota
certiorari
minnesota
beylund
levi
director
north
dakota
department
transportation
also
certiorari
north
dakota
footnotes
addition
bac
may
determined
testing
subject
urine
also
requires
test
subject
cooperation
urine
tests
appear
less
common
cases
breath
blood
tests
none
cases
us
involves
one
see
smith
moving
grief
action
two
families
push
stronger
dui
laws
bismarck
tribune
haga
kind
peace
parents
two
young
boys
killed
campground
accident
urge
tougher
dui
penalties
grand
forks
herald
pp
may
evidence
arrestee
mouth
searched
appropriate
circumstances
time
founding
see
cuddihy
fourth
amendment
origins
original
meaning
still
searching
mouth
weapons
contraband
requiring
arrestee
give
breath
blood
see
north
dakota
district
judges
http
internet
materials
last
visited
june
see
north
dakota
magistrates
http
north
dakota
justices
apparently
also
authority
issue
warrants
statewide
see
nd
op
atty
highly
doubt
regularly
handle
applications
much
less
graveyard
shifts
justice
sotomayor
objects
treating
warrantless
breath
tests
searches
incident
lawful
arrest
two
additional
grounds
first
maintains
postarrest
exceptions
warrant
requirement
require
law
enforcement
interest
separate
criminal
investigation
post
least
respect
doctrine
true
historical
authorities
discussed
earlier
attest
see
part
supra
doctrine
always
understood
serving
investigative
ends
discover
ing
seiz
ing
evidences
crime
weeks
see
also
robinson
emphasizing
need
discover
evidence
using
breath
tests
obtain
evidence
intoxication
therefore
well
within
historical
understanding
doctrine
purposes
second
justice
sotomayor
contends
doctrine
apply
narrower
exception
warrant
requirement
adequately
satisfies
governmental
needs
asserted
post
see
also
post
cases
certainly
recognized
targeted
exceptions
warrant
requirement
may
justify
warrantless
search
even
exception
riley
california
slip
justice
sotomayor
cites
authority
proposition
exception
warrant
requirement
apply
simply
narrower
exception
might
apply
justice
thomas
partly
dissents
holding
calling
distinction
breath
blood
tests
arbitrary
line
sand
post
opinion
concurring
judgment
part
dissenting
part
adhering
position
rejected
mcneely
justice
thomas
hold
breath
blood
tests
constitutional
without
warrant
natural
metabolization
alcohol
bloodstream
post
yet
justice
thomas
dispute
conclusions
blood
draws
invasive
breath
tests
breath
tests
generally
serve
state
interests
combating
drunk
driving
effectively
blood
tests
decision
riley
calls
balancing
individual
privacy
interests
legitimate
state
interests
determine
reasonableness
category
warrantless
search
issue
contrary
justice
thomas
contention
balancing
leave
law
enforcement
officers
lower
courts
unpredictable
rules
categorical
post
indeed
today
decision
provides
clear
guidance
fourth
amendment
allows
warrantless
breath
tests
general
rule
allow
warrantless
blood
draws
incident
lawful
arrest
remand
finds
beylund
voluntarily
consent
address
whether
evidence
obtained
search
must
suppressed
search
carried
pursuant
state
statute
see
heien
north
carolina
slip
evidence
offered
administrative
rather
criminal
proceeding
see
pennsylvania
bd
probation
parole
scott
beylund
notes
remedies
may
available
state
law
see
brief
petitioner
pp
footnotes
see
justification
warrantless
blood
warrantless
breath
tests
also
dissent
parts
majority
opinion
justify
conclusions
respect
blood
tests
availability
warrantless
breath
tests
see
ante
wrong
suggest
seeking
extension
existing
exception
rather
creation
new
exception
breath
searches
need
determine
whether
governmental
interest
searches
accomplished
without
excusing
warrant
requirement
ante
contrary
sentence
cites
illustrates
question
always
whether
particular
type
search
question
reasonable
conducted
without
warrant
camara
answer
question
every
case
courts
must
ask
whether
burden
obtaining
warrant
likely
frustrate
governmental
purpose
behind
search
ibid
question
may
answered
based
existing
doctrine
may
require
creation
new
doctrine
must
always
asked
quibbles
unremarkable
statement
categorical
doctrine
exigent
circumstances
doctrine
part
framework
arguing
mcneely
careful
note
decision
address
exceptions
warrant
requirement
ante
citing
mcneely
slip
explains
difference
categorical
exceptions
exceptions
generally
nothing
suggest
two
forms
exceptions
considered
together
analyzing
whether
reasonable
exempt
categorically
particular
form
search
fourth
amendment
warrant
requirement
go
without
saying
analysis
whether
apply
fourth
amendment
warrant
exception
must
necessarily
comparative
narrower
exception
warrant
requirement
adequately
satisfies
governmental
needs
asserted
sweeping
exception
overbroad
lead
unnecessary
unreasonable
searches
fourth
amendment
contrary
suggestion
authority
supports
proposition
see
ante
cases
often
deployed
commonsense
comparative
check
see
riley
california
slip
rejecting
application
exception
exigency
exception
targeted
wa
address
government
concerns
slip
analyzing
whether
governmental
interest
better
addressed
consideration
exceptions
warrant
requirement
slip
noting
light
availability
exigent
circumstances
exception
reason
believe
governmental
interest
satisfied
without
categorical
exception
mcneely
slip
holding
availability
exigency
exception
circumstances
make
obtaining
warrant
impractical
reason
accept
overgeneralization
per
se
rule
reflect
although
bernard
case
arises
minnesota
north
dakota
similar
breath
test
laws
therefore
consider
together
see
nhtsa
international
assn
chiefs
police
dwi
detection
standardized
field
sobriety
testing
participant
guide
session
see
stat
subd
person
right
consult
attorney
right
limited
extent
unreasonably
delay
administration
test
see
also
kuhn
commissioner
public
safety
app
finding
minutes
insufficient
time
contact
attorney
required
submit
test
see
office
attorney
general
crime
lab
chemical
test
training
student
manual
fall
many
tests
conducted
outer
boundaries
window
see
israel
commissioner
public
safety
app
minute
poststop
delay
mosher
commissioner
public
safety
wl
minn
june
minute
postarrest
delay
johnson
commissioner
public
safety
app
minute
postarrest
delay
scheiterlein
commissioner
public
safety
wl
minn
july
minute
poststop
delay
counsel
north
dakota
represented
oral
argument
larger
jurisdictions
takes
half
hour
obtain
warrant
tr
oral
arg
counsel
said
sometimes
harder
get
somebody
phone
rural
jurisdictions
even
took
twice
long
process
obtaining
warrant
unlikely
take
longer
inherent
delays
preparing
motorist
testing
particularly
unlikely
reach
beyond
window
within
officers
conduct
test
seven
thousand
annual
arrests
divided
judges
magistrate
judges
extra
warrants
per
judge
magistrate
judge
per
year
divided
weeks
extra
warrants
per
judge
magistrate
judge
per
week
minnesota
incidents
year
dept
public
safety
office
traffic
safety
minn
impaired
driving
facts
minnesota
judges
exercising
probate
jurisdiction
issue
warrants
stat
state
district
judges
appear
lion
share
work
conservatively
counting
judges
state
judges
issue
warrants
minnesota
judicial
branch
report
community
similar
north
dakota
amounts
extra
warrants
per
judge
per
week
north
dakota
judges
magistrate
judges
issue
extra
warrants
per
week
assuming
refusal
rate
see
supra
nn
issue
additional
per
week
assuming
refusal
rate
adjusting
conservatively
high
refusal
rate
minnesota
go
additional
warrants
per
judge
per
week
see
office
attorney
general
crime
lab
approved
method
conduct
breath
tests
intoxilyzer
pp
weighing
governmental
interests
stake
also
downplays
benefits
warrants
provide
breath
tests
said
unequivocally
warrants
usual
safeguard
unreasonable
searches
see
katz
legal
relevance
discussion
clear
event
wrong
conclude
warrants
provide
little
benefit
says
warrants
breath
tests
issued
based
characterization
police
officer
magistrate
poor
position
challenge
ante
virtually
warrants
rely
degree
officer
perception
purpose
warrants
neutral
arbiter
determine
whether
inferences
drawn
officers
perceptions
circumstantial
evidence
sufficient
justify
search
regardless
particulars
mode
analysis
dangerous
road
venture
historically
default
warrants
required
part
argument
instead
suggests
without
precedent
value
proven