State v. Dowdy

I respectfully dissent. If we consider the facts in the light most favorable to the ruling, as we must under our standard of review, I would find no exception to the warrant requirement applies to this case. The trial court found that “[ajbsent case authority from the [Supreme Court of the United States] or an appeals court in Missouri approving the taking of a blood sample in a non-DWI case,” and declined to approve the practice. While the majority opinion states, “[v]arious Missouri cases, only one of which was cited to the trial court and then only in passing, indicate that it was error to…