Police Do Not Need To Know Law To Enforce It – Heien v. North Carolina

Heien v. North Carolina, No. 13–604. Argued October 6, 2014—Decided December 15, 2014 ; another case giving police more power to stop and arrest and another body blow to the Fourth Amendment.In 2009, Nicholas Heien and a friend were traveling on a highway in North Carolina when they were stopped for having a broken tail light. Subsequently, a search of the car found a plastic bag containing cocaine. Where this case takes a turn is when we learn that the police had no legal right to stop the car because, under North Carolina law, having a single broken tail light is...

19 April

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The Future of Forced Blood Draws (Missouri v. McNeely)

Posted by Dayton DUI

in DUI Law, DUI Process

In what can only be seen as an overwhelming victory for the 4th Amendment, this week the United States Supreme Court decided Missouri v. McNeely which involved the issue of whether or not law enforcement can force a blood draw following a drunk driving arrest without following the warrant requirements of the 4th amendment. In the ruling the Court sided with the defendant who had been subjected to a blood test without a warrant. The warrantless blood draw revealed him to be nearly twice the legal limit. Justice Sotomayor, writing for the majority held that forced extraction of a person’s blood...

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Police Do Not Need To Know Law To Enforce It – Heien v. North Carolina

The Future of Forced Blood Draws (Missouri v. McNeely)

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