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Dayton DUI Attorney Charles Rowland > Posts tagged "McNeely"

Forced Blood Draw In Ohio (What Happens After Missouri v. McNeeley?)

What is the status of Ohio's forced blood draw law [R.C. 4511.191] following the decision in Missouri v. McNeeley, 2013 U.S. LEXIS 3160 (2013).In Missouri v, McNeely, the United States Supreme Court ruled that a nonconsensual warrantless blood draw violates a person’s right to be free from unreasonable searches and seizures under the 4th Amendment to the Constitution. The McNeely decision raises some questions for search warrants in OVI cases. Some of the questions include (1) Did this decision invalidate the implied consent laws? and (2) Are search warrants required for every DUI arrest before a forced blood draw can be taken from...

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

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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