Supreme Court Rules Police Can Withdraw Blood on Unconscious Drunk Drivers

The Supreme Court ruled last week police can order blood draws without a warrant for unconscious drunk driving suspects.

Last week, a divided Supreme Court ruled police can generally draw blood, without a warrant, from unconscious persons suspected of driving drunk or being intoxicated on other drugs.

Generally, the Fourth Amendment requires police to first obtain a warrant before drawing blood from a suspect. But in a 5-4 vote on June 27, the court upheld a Wisconsin state law stating people driving on public roadways have given implied consent to having their blood drawn if police have suspicion they are driving while intoxicated.

Justices Stephen Breyer, Brett Kavanaugh, Samuel Alito and Carence Thomas joined Chief Justice John Roberts in the majority vote, according to NPR.

Their decision conflicts previous rulings in which supreme court justices ruled blood draws are a significant intrusion into a person's privacy and body. The rulings also reasoned there are less intrusive methods of enforcing drunk driving laws against unconscious drivers, like obtaining a warrant.

The recent case arose from an incident involving Gerald Mitchell, who drove to the shore of Lake Michigan, after drinking vodka and taking about 40 pills in 2013.

After a neighbor, who feared Mitchell had driven away in his van, called police, officers arrived to find Mitchell wobbling on his feet and acting belligerent.

After placing him inside a holding cell, police transported him to a hospital where they ordered medical personnel to draw his blood, which showed a blood alcohol level of .22, almost three times above Wisconsin's legal limit of .08.

After being charged with driving while intoxicated, Mitchell argued the blood draws violated the Fourth Amendment's protection against unreasonable searches and seizures since officers did not obtain a warrant and he was incapable of consenting to the blood test.

Wisconsin's state courts ruled against Mitchell.

The Supreme Court decision to uphold those ruling comes almost two years after a national story broke about a Utah cop captured on video violently arresting nurse Alex Wubbels for refusing police to perform a blood draw on her unconscious patient.

Salt Lake City later agreed to pay Wubbels a $500,000 settlement two weeks after detective Jeff Payne filed paper work appealing his firing over the incident.

Comments (15)
No. 1-9
LJR
LJR

so how do you know they are drunk if you havent even gotten their blood yet? seems like bullshit to me

Agent76
Agent76

Well, those Robes are responsible for our police state today so I am not shocked!

The U.S. Supreme Court: Architects of the American Police State

The Fourth Amendment is being inexorably bled to death. The latest wound, in which a unanimous Supreme Court determined that police officers may use drug-sniffing dogs to conduct warrantless searches of cars during routine traffic stops, comes on the heels of recent decisions by the Court that give police power to taser defenseless motorists, strip search non-violent suspects, and break down people's front doors without evidence that they have done anything wrong.

Keshet IsRael
Keshet IsRael

Police officer's have been given a big enough head already, our government 'We the People', need to stop giving 'police' more and more fascist style 'authority'! We have to recognize that we are 'squeezing' our God's temple body in a way that is sinful!

The Police are a domestic terrorist force already! We have to stop the Exaggeration of authority they are meriting upon these people who by their employment are becoming an empowered class' of citizenry. A class of men & women who's shit always smells good & never needs shining! A Group who 'calling themselves 'The Law' position themselves 'above the Law' & whom are ruling over our God's citizenry evilly; 'domesticating us' without His consent using 'secular Laws' that aren't above God's elect!

We are God's temple, no authority outside of it; no matter it's claims can be created to Judge our God in His people; no government created by 'secular means' is above the Authority that is God, in His Elect.

There are no special uniforms, badges or certificates that qualify a man as holding 'supreme command authority' over our God's temple at any time, nor is there any that can claim to 'righteously'; we are bought by the Lamb & His resurrection Spirit lives in us! No law is over our God, nor us; being God's Law in His Creation!

There is no secular or any other special considerations that we reckon God's power upon another, but by the Holy Spirit of our God confessing from them; as being from the cross! Reborn, by God's power & Authority to stand in His Authority; not under some badge or uniform of this World! They who befriend those who are enmity with God in this world are at enmity with Heaven coming & have no place to stand! -<><

Al Pierrepoint
Al Pierrepoint

I think they are going to have to find willing nurses and doctors. Can't imagine you can force them to take the blood draw.

Tatoo49
Tatoo49

I assume the next Supreme Court stupidity will be to follow through with the same idiocy and say that unconscious women have given implied consent to be raped. Being unable to dissent is not consent. Fucking cops are constantly given rights above and beyond their necessity. And they will ALWAYS be used abusively.

Fascist Slayer
Fascist Slayer

I don't understand what all the crying and sobbing is about?? The Amerirot Constitution is a piece of shit it's just like that rotting Statue of (so called) Liberty, it's all empty and hollow on the inside.

NonyaFknB
NonyaFknB

That is completely ridiculous. So the entire Supreme Court decision debacle was really all a fraud to get support for someone who is going to support the state violating rights. The only reason they are letting them do this is to create debt for dispatched services. Someone has to cover the cost.

Mcubed
Mcubed

I don't see how the arrest of Utah nurse Alex Wubbels is applicable here. In that case, the unconscious driver was the victim and not suspected of drunk driving. He was knocked unconscious and later died after a suspect swerved into his truck while fleeing from the Utah State Highway Patrol.

supervisionrequired
supervisionrequired

just another ruling that the cops use and abuse!!!!!!!! since it is only for driving affiances, cops will find a way to misinterpret the law and apply it to other issues as well!!