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Missouri v. McNeely
''Missouri v. McNeely'' (2013) was a case decided by United States Supreme Court, on appeal from the Supreme Court of Missouri, regarding exceptions to the Fourth Amendment to the United States Constitution under exigent circumstances. The United States Supreme Court ruled that police must generally obtain a warrant before subjecting a drunken-driving suspect to a blood test, and that the natural metabolism of blood alcohol does not establish a per se exigency that would justify a blood draw without consent.
==Background==
At approximately 2:08 a.m. on 3 October 2010, Tyler McNeely was stopped after a highway patrol officer observed him exceed the posted speed limit, and cross over the centerline. The officer reportedly noticed signs of intoxication from McNeely, including bloodshot eyes, slurred speech, and the smell of alcohol on his breath. McNeely failed field-sobriety tests administered by the officer. After refusing to blow into a handheld breathalyzer, and stating that he would refuse a breathalyzer at the police station, the officer drove McNeely directly to a medical center instead of the station. The officer did not seek a warrant to conduct the blood test, but asked McNeely for his consent. McNeely was warned by the officer that by refusing a chemical test, his license would be revoked for one year. McNeely continued to refuse, and at 2:35 a.m., the officer proceeded to instruct the lab technician to draw a specimen of blood from McNeely. The results of the blood test showed a BAC of 0.154 percent, which was above the state's legal limit of 0.08 percent. McNeely was charged with driving while intoxicated, and later moved to suppress the results of his blood test, as he argued that it was done unconstitutionally as an unreasonable search and seizure.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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