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05-30-08, 06:11 PM #1
MN Supreme Court Gives Officers More Leeway in DWI Cases
High court gives police more leeway in DWI cases
ST. PAUL (AP) - Minnesota law enforcement officers have more power to order blood tests without a warrant in cases where a suspected drunken driver kills or seriously injures someone else.
By a 5-2 ruling Friday, the state Supreme Court reversed previous decisions that supressed blood-alcohol evidence obtained from a woman without permission soon after she was involved in 2006 head-on collision in Burnsville.
The majority held that waiting for a warrant could have caused key evidence against the woman to disappear because alcohol levels can drop as time elapses. She faces seven criminal charges, including several felonies.
Justice Christopher Dietzen says an officer's finding that there was probable cause of alcohol impairment was enough to justify the blood draw done at a hospital within 45 minutes of the crash.
In her dissent, Justice Helen Meyer warns that the ruling "erodes the right of citizens in Minnesota to be secure from unreasonable searches and seizures."
(Copyright 2008 by The Associated Press. All Rights Reserved.)
The views expressed in the above post are the sole opinion of the author and do not reflect any official position by the author's employer and/or municipality.
05-30-08, 06:13 PM #2
We have that ability here, I sorta took it for granted most States did.
Funny story here though, even if the dirtbag is passed out we have to read them their implied consent warning and Miranda warning.I'm your huckleberry...
Quemadmoeum gladis nemeinum occidit, occidentus telum est!
You can be the weapon, and the gun in your hand is a tool - or the gun is a weapon and you are the tool.
I was looking for a saint who was a devil of a lover,
but every girl I found was either one way or the other...
05-30-08, 06:16 PM #3
We've been able to do it, but the drunk lady in the story challenged it. The court ruling solidifies our position.The views expressed in the above post are the sole opinion of the author and do not reflect any official position by the author's employer and/or municipality.
05-30-08, 09:42 PM #4
05-31-08, 11:08 AM #5
MN Supreme court gets it right! (cue AC/DC)
05-31-08, 01:59 PM #6
When law enforcement has probable cause to believe a defendant has committed the offense of criminal vehicular homicide or operation under Minn. Stat. § 609.21 (2006), it is important that the defendant‟s blood be tested within 2 hours of the accident causing injury to or the death of another. The rapid, natural dissipation of alcohol in the blood creates a single-factor exigent circumstance that will justify the police taking a warrantless, nonconsensual blood draw from a defendant, provided that the police have probable cause to believe that defendant committed criminal vehicular homicide or operation.\\` ` ` ` < ` )___/\
`` ` ` ` (3--(____)
"...but to forget your duck, of course, means you're really screwed." - Gary Larson
05-31-08, 09:01 PM #7
Threads merged.No one has greater love than this, to lay down ones life for ones friends - John 15:13
"The Wicked Flee When No Man Pursueth: But The Righteous Are Bold As A Lion".
We lucky few, we band of brothers. For he who today sheds his blood with me shall be my brother.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ ~~~The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Police Chief, City Council, or any member of my department.
06-01-08, 03:14 AM #8Temporarily Civilianized
- Join Date
- East Tennessee
- Rep Power
Tennessee state law is similar to that. If they are involved in a MVA with bodily harm or death we can hold them down for the nurses to take the blood. They dont have a choice in the matter, that goes for passengers in the vehicles as well.
Just a regular DUI arrest we still have implied consent.There is no hunting like the hunting of man, and those who have hunted armed men long enough and liked it, never care for anything else thereafter.” -- Ernest Hemingway
06-01-08, 03:29 AM #9Romans 8:28-31
"Anima Sana In Corpore Sano"
The opinions, beliefs, and ideas expressed in this post are mine, and mine alone. They are NOT the opinions, beliefs, ideas, or policies of my Agency, Sheriff, County Board, or any member of my department.
06-01-08, 08:02 AM #10
well in them cases you have to get them blood test right away. The longer you have to wait the more alcohol is gonna be metabolized and the tests wont show what the BAL was at the time of the accident.
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