People v. Ling

Davis, III, P.J.

*3I. INTRODUCTION.

In 1966, the United States Supreme Court ruled that a nonconsensual blood draw taken from a suspect arrested on suspicion of driving under the influence of alcohol did not violate the Fourth Amendment because exigent circumstances existed that allowed for a blood draw to be conducted in a reasonable manner incident to the defendant's arrest. ( Schmerber v. California (1966) 384 U.S. 757, 770-71, 86 S.Ct. 1826, 16 L.Ed.2d 908 ( Schmerber ).) Almost fifty years later in 2013, the United States Supreme Court ruled that a nonconsensual blood draw taken from a…