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Tag Archives: Warrantless Blood Tests

Tennessee Adopts a (Limited) Good-Faith Exception to the Warrant Requirement

On November 3, 2016, Tennessee joined the ranks of over a dozen states that have adopted a limited good faith exception to the search warrant requirement in a Tennessee DUI case that involves a warrantless blood draw.[1] A blood draw for the purpose of determining a person’s blood alcohol content is a search under the Fourth Amendment, and a warrant is required unless an exception to the search warrant requirement applies.[2] For example, some exceptions include consent to the blood ... Read More »

California Highway Patrol Will Stop Forced Blood Draws In Wake Of Missouri v. McNeely

In Missouri v. McNeely, the United States Supreme Court rejected the government’s argument that the possible dissipation of alcohol in a DUI suspect’s blood  will always create an exigent circumstance justifying a warrantless blood draw.  In an 8-1 decision, the Court held that the 1966 decision Schmerber v. California did not establish a per se exception to the requirement of a search warrant to forcibly extract blood from an unwilling DUI subject.  The Court ruled that while the dissipation of ... Read More »