reasonable

In a four-page opinion the U.S. Supreme Court held unanimously in Caniglia v. Strom that police community caretaking duties don’t justify warrantless searches and seizures in the home.

During an argument with his wife, Edward Caniglia put a handgun on their dining room table and asked his wife to “shoot [him] now and get it over with.” After spending the night at a hotel Caniglia’s wife couldn’t reach him by phone and asked police to do a...

In its amicus brief in Mitchell v. Wisconsin the State and Local Legal Center (SLLC) argues that when police officers encounter an unconscious motorist they have probable cause to believe is impaired it should be permissible for the motorist’s blood to be drawn without a warrant. Wisconsin and 28 other states allow this practice. 

Most, if not all, states have adopted “implied consent” laws where drivers may be tested if police have probable cause to suspect they have been driving while intoxicated. Drivers may withdraw consent and refuse to take a test, subject to penalties. In Birchfield v. North Dakota (2016) the Supreme Court held that generally police must obtain a warrant to require a blood test (versus a breath test) where officers have probable cause.

But what if a driver is unconscious and unable to withdraw consent to a blood test (and unable to take a breath test)? The question the Supreme Court will decide in Mitchell v. Wisconsin is whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement.