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What warrants a warrant?

By Lawrence Koplow

After the Supreme Court decided the case of Missouri v. McNeely, the question of when a warrant is required, before law enforcement may draw a person's blood became more interesting to say the least.  On one side of the issue was the position that a blood alcohol concentrations is constantly changing, thus, there is a justification for law enforcement to bypass the traditional warrant requirement. The contrary, and as it turns out the prevailing position, is that our Constitution does not allow law enforcement unfettered discretion to decided if they can stick a needle in your arm without a warrant (i.e. probable cause presented to a judge who issues a warrant).  The reality of modern technology is that a telephonic warrant can be obtained in about 15 minutes for most cases...continue to full post

Full post as published by Arizona DUI Defense Blog on May 13, 2014 (boomark / email).