University:
University of Alabama
Course:
CJ 100 | Intro Criminal Justice
Academic year:

2022
Views:

233

Pages:

1
Author:

Hallie Randolph

Exigent Circumstances: Preservation of Evidence: Drunk Driving  Warrant Exception.  If police can reasonably obtain a warrant, the Fourth Amendment requires them to do so before taking a non-consensual blood alcohol content (“BAC”) blood test (McNeely). o In drunk-driving investigations, the natural dissipation of alcohol in the bloodstream does not constitute an exigency that in every case is sufficient to justify conducting an involuntary blood test without a warrant (McNeely).  A state cannot pass a law that makes it a crime for a suspected drunk driver to refuse a blood test but can criminalize refusal to take a breath test (Birchfield). A breath test, but not a blood test, may be administered as a warrantless search incident to a lawful arrest (SILA) for drunk driving (Birchfield). o A law requiring a motorist to submit to a blood-alcoholconcentration breath test after being lawfully arrested for driving while being impaired does not violate the Fourth Amendment  (Birchfield). Limitation on “exigent circumstances” exception: warrantless home arrest likely no justified by risk of lost evidence (e.g. dissipation of blood alcohol) if underlying offense is “extremely minor” (Welsh). o The exigent circumstances exception to the Fourth Amendment does not allow warrantless entry into a home to make an arrest for a minor offense (Welsh).