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IntroductionShould officers get consent from speeding drivers to get an alcohol breath test What if the driver fails several sobriety tests The fourth amendment states The right of the people to be secure in their persons houses papers and effects against unreasonable searches and seizures shall not be violated and no Warrants shall issue but upon probable cause supported by Oath or affirmation and particularly describing the place to be searched and the persons or things to be seized The term probable cause and unreasonable can mean many different things to people but what does probable cause mean to you Is it probable cause to check a drivers blood alcohol level after they failed to pass sobriety test Or is it unreasonable they didnt give him a warrant before they checked his blood alcohol level That is what Missouri v McNeely case is all about unreasonable or probable causeCase DetailsMissouri versus McNeely is about Tyler McNeely getting pulled over by the highway patrol around 2 am on October 3 2010 for speeding in Cape Girardeau County Missouri McNeely was asked to take an alcohol breath test after failing several sobriety tests which he refused Without his consent a medical clinic staff member ran a blood test He was charged with a DWI because his blood test showed that his blood-alcohol levels were well over the legal limit A judge ruled in McNeelys favor stating that ordering a blood test without a warrant was a violation of the suspects Fourth Amendment protection against unreasonable searches and seizures State prosecutors argued that the administration of the test without a warrant was justified as blood alcohol would be processed with time and a delay in gaining a warrant would be a destruction of evidence citing the special facts or exigent circumstances exception in the U S Supreme court decision Schmerber v California A state appeals court agreed with the prosecutors and reversed the trial court decision but the
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