Missouri v. McNeely
Supreme Court of the United States
1Judgment of the CourtJustice Sotomayor
In Schmerber v. California, 384 U.S. 757 , 86 S.Ct. 1826 , 16 L.Ed.2d 908 (1966), this Court upheld a warrantless blood test of an individual arrested for driving under the influence of alcohol because 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 , 86 S.Ct. 1826 (internal quotation marks omitted). The question presented here is whether the natural metabolization of alcohol in the bloodstream presents a per se exigency that…
Also in this document: Concurrence; Concurring in part, dissenting in part; Dissent.
2Cases cited45 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- Schmerber v. CaliforniaSupreme Court of the United States · 1966
- Tennessee v. GarnerSupreme Court of the United States · 1985
- Johnson v. United StatesSupreme Court of the United States · 1948
- Illinois v. WardlowSupreme Court of the United States · 2000
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