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Started By
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SCOTUS rules police don't need warrant to use blood drawn from unconscious drunk driver
Posted on 6/27/19 at 11:16 am
Posted on 6/27/19 at 11:16 am
quote:
WASHINGTON – A closely divided Supreme Court ruled Thursday that police do not need a warrant before using blood drawn from an unconscious driver to prove he was intoxicated.
The court, in a 5-4 decision, ruled that blood can be drawn from an unconscious driver who cannot be given a breath test because it poses an urgent situation that eliminates the need for a warrant. Associate Justices Sonia Sotomayor, Ruth Bader Ginsburg, Elena Kagan and Neil Gorsuch dissented in the decision, authored by Associate Justice Samuel Alito.
Blood tests are the only way to reliably test the alcohol level consumed by unconscious drivers — "surely the most dangerous class of drivers," Alito said. And waiting for a judge to sign off on a warrant, or for a driver to become conscious, would result in "less reliable" blood test results.
"Police officers most frequently come upon unconscious drivers when they report to the scene of an accident, and under those circumstances, the officers' many responsibilities – such as attending to other injured drivers or passengers and preventing further accidents – may be incompatible with procedures that would be required to obtain a warrant," Alito said. "Thus, when a driver is unconscious, the general rule is that a warrant is not needed."
quote:
Drivers in Wisconsin are presumed to have consented to a blood draw simply by taking the wheel. They can withdraw that consent at the risk of losing their license, but that doesn't apply to unconscious drivers. Twenty-eight states have similar "implied consent" laws.
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Posted on 6/27/19 at 11:17 am to Sentrius
thats not good
Posted on 6/27/19 at 11:17 am to Sentrius
Another bad decision from SCOTUS. They're on a roll today.
Posted on 6/27/19 at 11:17 am to Sentrius
on one hand drunk driving is terrible and should be fought against by any means.
on the other hand yeesh, this seems like a slippery slope to go down.
on the other hand yeesh, this seems like a slippery slope to go down.
Posted on 6/27/19 at 11:17 am to Sentrius
Don’t drink and drive 
Posted on 6/27/19 at 11:18 am to Sentrius
Not sure how I feel. If you're behind the wheel and so drunk you pass out, then frick you. You need to be under the jail.
But I don't like police taking blood without explicit consent. And I don't like this precedent.
But I don't like police taking blood without explicit consent. And I don't like this precedent.
This post was edited on 6/27/19 at 11:19 am
Posted on 6/27/19 at 11:18 am to Sentrius
I'm not qualified nearly enough to be able to intelligently debate this one way or another.
Posted on 6/27/19 at 11:18 am to Sentrius
Interesting that Gorsuch sided with 3 libs
Posted on 6/27/19 at 11:19 am to Sentrius
quote:
because it poses an urgent situation that eliminates the need for a warrant.
Posted on 6/27/19 at 11:19 am to CarRamrod
quote:
thats not good
Only for those that drive drunk...
Posted on 6/27/19 at 11:19 am to Sentrius
The justices have seemingly switched sides lately. The "conservatives" have lost their friggin minds.
Posted on 6/27/19 at 11:20 am to TH03
What if you pass out for another reason that has nothing to do with alcohol?
Posted on 6/27/19 at 11:20 am to arcalades
quote:
The "conservatives" have lost their friggin minds.
...when they side with the law but when they fall on my side then hooray!
Posted on 6/27/19 at 11:20 am to Fun Bunch
quote:
Interesting that Gorsuch sided with 3 libs
Is this not exactly in line with his beliefs?
What's weirder is that he's the only so called conservative to dissent.
Posted on 6/27/19 at 11:20 am to Sentrius
This is tough
Hospitals do stuff to unconscious people all the time without consent but this is a situation where it can be used against you in court
As others have said, slippery slope.
Hospitals do stuff to unconscious people all the time without consent but this is a situation where it can be used against you in court
As others have said, slippery slope.
Posted on 6/27/19 at 11:21 am to Sentrius
quote:Hopefully my 2019 DP MVP.
Ruth Bader Ginsburg
Posted on 6/27/19 at 11:21 am to Brosef Stalin
quote:
What if you pass out for another reason that has nothing to do with alcohol?
Medics can do this now without consent, it's called implied consent.
Posted on 6/27/19 at 11:21 am to TH03
quote:
Not sure how I feel. If you're behind the wheel and so drunk you pass out, then frick you.
The problem is that I can see this being easily extended to people involved in accidents resulting in them being knocked unconscious and the police decide to draw blood just in case.
Posted on 6/27/19 at 11:22 am to Restomod
quote:oohh you are one of those people.
Only for those that drive drunk...
Posted on 6/27/19 at 11:22 am to UpToPar
quote:
The problem is that I can see this being easily extended to people involved in accidents resulting in them being knocked unconscious and the police decide to draw blood just in case.
Absolutely. If this is at the discretion of the cop, this can easily be abused with little to nothing in the way to stop it.
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