warrant

In a Supreme Court amicus brief filed in Caniglia v. Strom, the State and Local Legal Center (SLLC) argues the Fourth Amendment “community caretaking” exception to the warrant requirement should extend beyond automobiles.

A police officer determined Edward Caniglia was “imminently...

The issue the Supreme Court will decide in Caniglia v. Strom is whether the Fourth Amendment “community caretaking” exception to the warrant requirement extends to the home.

A police officer determined Edward Caniglia was “imminently dangerous to himself and others” after the previous evening he had thrown a gun on the dining room table and said something to his wife like “shoot me now and get it over with.” Officers convinced Caniglia to go...

In Mitchell v. Wisconsin the Supreme Court held that generally when police officers have probable cause to believe an unconscious person has committed a drunk driving offense, warrantless blood draws are permissible. The State and Local Legal Center (SLLC) filed an amicus brief arguing for this result.

By the time the police officer got Gerald Mitchell from his car to the hospital to take a blood test he was unconscious. Mitchell’s blood alcohol content (BAC) about 90 minutes after his arrest was 0.222%.

Wisconsin and twenty-eight other states allow warrantless blood draws of unconscious persons where police officers have probable cause to suspect drunk driving.

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.

How often do you drive a vehicle not registered in your name? Every day? In Kansas v. Glover the Supreme Court will decide whether it is reasonable, under the Fourth Amendment, for an officer to suspect that the registered owner of a vehicle is the one driving it absent any information to the contrary.

Officer Mark Mehrer ran the license plate of a vehicle that was being driven lawfully. He discovered that the owner of the vehicle, Charles Glover, had a suspended license. He pulled the driver over and discovered he was in fact Charles Glover.

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