Fourth Amendment

In Birchfield v. North Dakota the Supreme Court held 5-3 that states may criminalize an arrestee’s refusal to take a warrantless breath test. If states criminalize the refusal to take a blood test police must obtain a warrant. The State and Local Legal Center (SLLC) filed an amicus brief arguing that states should be able to criminalize warrantless refusal to consent when a person is arrested upon suspicion of drunken driving.   

The National Conference of State Legislatures reports that 15 states currently criminalize refusal to consent. Criminal penalties typically include fines and jail time.    

A police officer stopped Edward Streiff after he left a suspected drug house. The officer discovered Streiff had an outstanding warrant, searched him (legally), and discovered he was carrying illegal drugs. The Supreme Court held 5-3 that even though the initial stop was illegal, the drug evidence could be admissible against Streiff in a trial.

Justice Sotomayor’s dissenting opinion in Utah v. Strieff  notes how common outstanding warrants are not just in the county where the arrest in this case occurred but also in Ferguson, Missouri (16,000 warrants out of 21,000 people).

State implied consent statutes criminalizing a person’s refusal to take a warrantless chemical blood alcohol test upon suspicion of drunk driving are constitutional, argues the State and Local Legal Center (SLLC) in a Supreme Court amicus brief.

All 50 states have adopted implied consent laws requiring motorists as a condition of driving in the state to consent to a blood alcohol content (BAC) test if they are suspected of drunk driving. If motorists refuse to consent typically their driver’s license is temporarily suspended. NCSL reports that 15 states also currently criminalize refusal to consent. Criminal penalties typically include fines and jail time. 

All 50 states have adopted implied consent laws requiring motorists as a condition of driving in the state to consent to a blood alcohol content (BAC) test if they are suspected of drunk-driving.

The Supreme Court will decide whether state statutes criminalizing a person’s refusal to take a chemical BAC test where police have not obtained a warrant are unconstitutional. Thirteen states criminalize the refusal to take a warrantless BAC test. 

In Missouri v. McNeely (2013) the Supreme Court held that police generally have to obtain a warrant to conduct a BAC. So the argument goes, it is unconstitutional to criminalize the refusal to take a BAC test if a warrant was required to conduct the test but not obtained.

The three decisions that the Supreme Court has agreed to review all upheld the state statutes.

In its second opinion of the term the Supreme Court ruled that a police officer should have been granted qualified immunity when he shot at a car whose driver had led police on a high speed chase to stop it instead of waiting to see if spike strips worked.

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