The Court : The Supreme Court Exists

1459 Words Oct 9th, 2016 6 Pages
The Supreme Court attests. The Court noticed that its point of reference requests a case-by-case examination when lower courts figure out if urgent conditions advocated a warrantless pursuit. In spite of the fact that the State contended that exigency essentially exists in any DWI related blood test given that blood-alcohol content quickly decreases with time, the Court found no argumentation to embrace a per se rule. The Court concurred that essentially postponing a blood test to get a warrant would adversely influence the supportive value of the outcomes. However, it contemplated that when the state have sufficient time to get a warrant, the Fourth Amendment obliges it to do as such. While getting a warrant is unrealistic, the blood testing may well honor an exigency exception. Since the State construct its contention exclusively in light of the proposed per se rule, the Court declined to detail the significant elements courts must weigh while investigating exigency in DWI cases. The State Supreme Court affirmed, relying on Schmerber v. California, 384 U. S. 757, in which this Court upheld a DWI suspect’s warrantless blood test where the officer “might reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened ‘the destruction of evidence,’ ” id., at 770 (Missouri v. McNeely, 2013)

How the Vote Decided: Majority Opinion, Concurring, Dissenting:
The majority opinion was…

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