Case
Missouri v. McNeely
10 published works
Colorado Criminal Lawyer Blog
Colorado DUI Arrests – Forced Blood Draws – “I Refuse To Consent”
Colorado DUI Arrests – Forced Blood Draws – “I Refuse To Consent.”Colorado Warrantless Blood Draws – The Refusal to Consent: DUI Expressed Consent LawA Guide from The Steinberg Colorado Criminal…
Appellate Advocacy Blog
Waiting for Warrants? Chief Justice Roberts’s conflicting opinions on the speed of warrant applications in Lange and McNeely.
In his recent concurring opinion in Lange v. California, Chief Justice Roberts argued in favor of a robust version of a “hot pursuit” exception to the warrant requirement. His argument…
Sentencing Law and Policy
SCOTUS grants cert on permissible practices for police roadside tests and for prisoner litigation
Main December 11, 2015SCOTUS grants cert on permissible practices for police roadside tests and for prisoner litigation As reported in this SCOTUSblog posting by Lyle Denniston, the Supreme Court granted…
Nashville Criminal Law Report
The Rise of the Blood Alcohol Search Warrant in Tennessee
By Rob McKinney
The Tennessee State Legislature pasted a DUI law several years ago that authorized a mandatory blood draw in multiple DUI prosecutions, accidents involving serious bodily injuries, and if a minor…
Health Law Rx
U.S. Supreme Court tells Hospitals to Say: “Sorry Officer, I need a warrant to draw that patient’s blood.”
By Richard T. Jones, Adam R. Maingot
On April 17, 2013, the U.S. Supreme Court in Missouri v. McNeely ruled that in drunk-driving investigations where Law Enforcement Officers ("LEOs") can reasonably obtain a warrant before a blood…
Supreme Court Update
Missouri v. McNeely (11-1425), McBurney v. Young (12-17) and Moncrieffe v. Holder (11-702)
By Kim Rinehart
Today, we bring you a trio of recent decisions beginning with the letter "M": Missouri v. McNeely (11-1425), finding that the natural metabolization of alcohol does not present a per…
Sentencing Law and Policy
In divided ruling, SCOTUS embraces (fuzzy?) standard rather thanper serules for DUIs and blood tests
Main April 17, 2013In divided ruling, SCOTUS embraces (fuzzy?) standard rather than per se rules for DUIs and blood tests The Supreme Court this morning handed down a notable, and…
Nashville Criminal Law Report
Can the Police Take a Blood Sample Without a Search Warrant ?
By Rob McKinney
The U.S. Supreme Court agreed to hear a case on whether the police can seize a blood sample of an accused DUI driver based upon exigent circumstances. In Missouri v…
Sentencing Law and Policy
Not much for sentencing fans (or Rubashkin supporters) in latest SCOTUS cert grants
Main September 25, 2012Not much for sentencing fans (or Rubashkin supporters) in latest SCOTUS cert grantsAs reported here by SCOTUSblog, the "Supreme Court, preparing to open a new Term next…
Sentencing Law and Policy
Of sentencing interest among SCOTUSblog’s “Petitions to Watch”
Main September 24, 2012Of sentencing interest among SCOTUSblog's "Petitions to Watch"Today the Supreme Court justices return from summer vacations and get back to work with the (famous?) long Conference during…