State of Minnesota v. Ryan Mark Thompson

OPINION

SMITH, Judge.

Appellant challenges his conviction of second-degree test refusal following his refusal to submit to a blood or urine test. We conclude that conducting a warrantless blood or urine test would not have been constitutional under an exception to the warrant requirement, charging appellant with criminal test refusal implicates his fundamental right to be free from unconstitutional searches, and the test-refusal statute as applied to warrantless blood and urine tests is not narrowly tailored to serve a compelling government interest. We therefore reverse appellant’s conviction…