On Point: b. Blood Draw

Question Presented:

Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream.

Docket

Lower court opinion (State v. McNeely, 358 S.W.3d 65 (Mo. Banc 2012))

Scotusblog page

Does the evanescent quality of alcohol (or any metabolized substance,

State v. James Ralph Whitwell, 2011AP1342-CR, District 3/4, 5/24/12

court of appeals decision (not recommended for publication); for Whitwell: Jefren E. Olsen, Chandra N. Harvey, SPD, Madison Appellate; case activity

Whitwell challenges a warrantless blood draw, on related grounds: he objected at the time, informing officials that he suffered from a medical condition that made the draw dangerous absent certain precautionary measures; this objection to the draw was objectively reasonable. 

State v. Matthew P. Rick, 2010AP1521,District 4, 6/23/11

court of appeals decision (1-judge, not for publication); for Rick: Jonas B. Bednarek; case activity

Warrantless blood draw is permissible under exigent circumstances doctrine, upon lawful arrest for non–jailable, civil violation. State v. Bohling, 173 Wis. 2d 529, 494 N.W.2d 399 (1993), followed.

State v. Travis J. Malinowski, 2010AP1084-CR, District 3, 11/30/10

court of appeals decision (1-judge, not for publication); for Malinowski: Chad A. Lanning; Malinowski BiC; State Resp.; Reply

Exigent-circumstances doctrine supports warrantless blood draw of person arrested for driving under the influence of drugs, no less than under the influence of alcohol, State v. Bohling, 173 Wis.

State v. Cara A. Erickson, 2003 WI App 43, PFR filed

Issue: Whether a warrantless draw of blood satisfies State v. Bohling, 173 Wis. 2d 529, 533- 34, 494 N.W.2d 399 (1993) where there is probable cause but not an actual arrest.

Holding:

¶12. .. (I)n the absence of an arrest, probable cause to believe blood currently contains evidence of a drunk-driving-related violation or crime satisfies the first prong of Bohling.

State v. Dennis L. Daggett, 2002 WI App 32, PFR filed 1/10/02
For Daggett: Julie A. Smith

Issue: Whether a warrantless draw of blood, following OWI arrest, is necessarily unreasonable if performed at the jail rather than hospital.

Holding: There is no bright-line rule that a blood draw must be made in a hospital setting to be constitutionally reasonable. Instead, there is “a spectrum of reasonableness”: blood withdrawn by a medical professional in a medical setting is generally reasonable;

State v. Robert W. Wodenjak, 2001 WI App 216, PFR filed 8/31/01
For Wodenjak: Rex Anderegg

Issue: Whether administration of a blood test, following OWI arrest, was reasonable under the fourth amendment, where the police first rejected the driver’s request for a (less invasive) breath test.

Holding: As long as the standard for warrantless blood draw established by State v. Bohling,