Sam S. And. Jade M.
Published on Nov 21, 2015
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PRESENTATION OUTLINE
The Case:
October 3, 2010.
Tyler McNeely, arrested for drunk driving.
Officer Mark Winder was who arrested him.
McNeely refused blood and breath test.
Officer Winder had no warrant.
Winder took McNeely to hospital to get blood test.
McNeely:
Argues that 4th Amendment Rights were violated.
Argues that warrantless blood draws are unnecessary.
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Missouri:
States 4th Amendment Rights were not violated, due to "exigent circumstances".
States blood testing is best method to obtain relative evidence.
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Conclusion:
Granted 'writ of certiorari' on Sept. 25, 2012
Affirmed vote of 5-4.
Both parties agreed search was reasonable.
"The ultimate touchstone of the 4th amendment is 'reasonableness'".
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