Warrantless Blood Tests, Drunk Driving, and 'Exigent Circumstances': Preserving the Liberty Guarantee of the Fourth Amendment While Evolving the Exceptions to the Warrant Requirement
In: The Review of Litigation, Jg. 34 (2015), S. 27
Online
academicJournal
Preface "The right of the people to be secure in their persons ... shall not be violated, and no Warrants shall issue, but upon probable cause ... ." 1 In the noble experiment of American freedom, the Fourth Amendment serves as a protection for our system of ordered liberty. The Fourth Amendment is unyielding in requiring governmental agents to obtain a warrant before conducting a search of a citizen or property. A warrant is issued only upon a showing of good cause made before a "neutral and detached magistrate." 2 The Fourth Amendment keeps the American people free from insidious or petty governmental intrusions into their homes, their properties or possessions, and most of all, their persons. Yet as inviolate as the liberty guaranteed by the Fourth Amendment is known to be, it has its exceptions - "[A] warrantless search of the person is reasonable only if it falls within a recognized exception." 3 Over many decades, the Supreme Court has meticulously crafted a parsimonious set of exceptions to the warrant requirement. Grounded upon what the Supreme Court has decreed as "exigent circumstances," the Justices have further combined these exceptions by creating a body of limitations based upon both the totality of the circumstances and reasonableness. 4 At the confluence of these many facets of Fourth Amendment jurisprudence is a surprising issue: drunk-driving arrests 5 and the subsequent warrantless taking of the suspect's blood sample for testing. 6 Decades ago, the Supreme Court held that ...
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Warrantless Blood Tests, Drunk Driving, and 'Exigent Circumstances': Preserving the Liberty Guarantee of the Fourth Amendment While Evolving the Exceptions to the Warrant Requirement
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Autor/in / Beteiligte Person: | Sabino, Michael A. |
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Zeitschrift: | The Review of Litigation, Jg. 34 (2015), S. 27 |
Veröffentlichung: | 2015 |
Medientyp: | academicJournal |
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