Missouri v. McNeely
| Missouri v. McNeely | |
|---|---|
| Argued January 9, 2013 Decided April 17, 2013 | |
| Full case name | State of Missouri v. Tyler Gabriel McNeely |
| Citations | 569 U.S. 141 (more) 133 S. Ct. 1552; 185 L. Ed. 2d 696; 2013 U.S. LEXIS 3160; 81 U.S.L.W. 4250 |
| Opinion announcement | Opinion announcement |
| Case history | |
| Prior | motion to suppress evidence granted, unreported No. 10CG-CR01849-01 (Cir. Ct. Cape Girardeau Cty., Mo., Div. II, Mar. 3, 2011); case referred to higher court, 2011 WL 2455571 (Mo.App. E.D.); motion affirmed, 358 S.W.3d 65 (Mo. 2012); rehearing denied, unreported (Mo. March 6, 2012); cert. granted, 567 U.S. 968 (2012). |
| Holding | |
| The fact that blood-alcohol levels dissipate after drinking ceases, is not a per se exigency pursuant to Schmerber justifying an officer to order a blood test without obtaining a warrant from a neutral judge. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Sotomayor, joined by Scalia, Kennedy, Ginsburg, Kagan (Parts I, II–A, II–B, and IV) |
| Plurality | Sotomayor, joined by Scalia, Ginsburg, Kagan (Parts II–C and III) |
| Concurrence | Kennedy (in part) |
| Concur/dissent | Roberts, joined by Breyer, Alito |
| Dissent | Thomas |
| Laws applied | |
| U.S. Const. Amend. IV | |
Missouri v. McNeely, 569 U.S. 141 (2013), was a case decided by United States Supreme Court, on appeal from the Supreme Court of Missouri, regarding exceptions to the Fourth Amendment to the United States Constitution under exigent circumstances. The United States Supreme Court ruled that police must generally obtain a warrant before subjecting a drunken-driving suspect to a blood test, and that the natural metabolism of blood alcohol does not establish a per se exigency that would justify a blood draw without consent.