United States v. Elizabeth Reid, United States of America v. Lucy Boylan

ERVIN, Chief Judge:

Elizabeth Reid and Lucy Boylan were both arrested for driving while intoxicated on the George Washington Memorial Parkway. Each was given a breathalyzer test and was subsequently convicted. On appeal, each asserts that the breathalyzer test constituted an unlawful search and seizure under the Fourth Amendment because her test was administered without a warrant. We assume that a breathalyzer test is a search for purposes of this appeal. However, we find that an exception to the warrant requirement exists thereby making the breathalyzer test a reasonable search which does not…