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Criminal Law
Supreme Court case Missouri v. McNeely, 569 U.S. __ (April 17, 2013) On October 3, 2010 Officer Mark Winder stopped Tyler G. McNeely for speeding and driving over the center line. Officer Winder noticed that McNeely was apparently intoxicated, his eyes were bloodshot, his speech was slurred, and he smelled of alcohol. McNeely admitted to Officer Winder that he had been drinking, but only had a couple of beers. Officer Winder had McNeely run through a series of field sobriety tests, which he failed. Officer Winder asked McNeely to submit to a breath test, but McNeely refused. Officer Winder placed McNeely under arrest and was transporting him to the police station, and again McNeely told Officer Winder that he would not submit to the breath test. Officer Winder decided to take McNeely to a local hospital where he would submit to a blood test; however, Officer Winder did not make an attempt to obtain a search warrant before doing so (Cornell University Law School, n.d.). Officer Winder informed McNeely that under Missouri state law if he did not submit to the blood test there would be an immediate revocation of his driver's license for a term of one year, and his refusal would be used against him in future prosecution. McNeely still refused to have the blood test performed, so Officer Winder instructed the lab technician to draw the blood anyway. Officer Winder believed that his decision to have the blood test performed without a warrant would fall under the exigent circumstance exception to the Fourth Amendment. He believed that the longer it took to have the blood drawn the true level of alcohol in the defendant's bloodstream would dissipate. McNeely's blood alcohol concentration (BAC) came back at 0.154% well over the legal limit of 0.08%, and he was charged with a DWI (Cornell University Law School, n.d.). McNeely filed a motion to suppress…...

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