Legal Opinion

State v. Rosenbush

Supreme Court of Minnesota

Decided July 10, 2019No. A18-0377PublishedCited by 3 opinions

1Opinion of the Court

McKEIG, Justice.

In 2017, a sheriff's deputy arrested appellant Jennifer Rosenbush for driving while impaired ("DWI") and obtained a search warrant to take a sample of her blood for alcohol concentration testing. When the deputy presented Rosenbush with the search warrant, he read her the newly enacted implied-consent advisory for blood and urine tests. It informs drivers only that "refusal to submit to a blood or urine test is a crime." See Minn. Stat. § 171.177, subd. 1 (2018). Rosenbush allowed her blood to be drawn, and tests showed that she had an alcohol concentration over the legal…

2Cases cited18 opinions

  1. Schmerber v. CaliforniaSupreme Court of the United States · 1966
  2. Gerstein v. PughSupreme Court of the United States · 1975
  3. Missouri v. McNeelySupreme Court of the United States · 2013
  4. Birchfield v. N. Dakota. William Robert BernardSupreme Court of the United States · 2016
  5. Riley v. Cal. United StatesSupreme Court of the United States · 2014

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3Cited by3 opinions

  1. Jensen v. Comm'r SafetyCourt of Appeals of Minnesota · 2019
  2. State of Minnesota v. Isabella Anne GendronCourt of Appeals of Minnesota · 2024
  3. State of Minnesota v. Samuel Alejondro TorrezCourt of Appeals of Minnesota · 2024

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