Category Archives: SCOTUS

SCOTUSblog: Opinion analysis: Court upholds warrantless blood tests for unconscious drunk-driving suspects

SCOTUSblog: Opinion analysis: Court upholds warrantless blood tests for unconscious drunk-driving suspects by Amy Howe: Yesterday a divided Supreme Court ruled that the Fourth Amendment generally does not bar states from taking a blood sample from an unconscious drunk-driving suspect … Continue reading

Posted in Drug or alcohol testing, SCOTUS | Comments Off on SCOTUSblog: Opinion analysis: Court upholds warrantless blood tests for unconscious drunk-driving suspects

SCOTUS: Warrantless blood draw from unconscious driver not unreasonable

A warrantless blood draw from an unconscious driver who became unconscious by the time he arrived at the hospital was reasonable under a state law that permits warrantless BAC testing of those incapable of consent by implied consent. Remanded, however, … Continue reading

Posted in Drug or alcohol testing, Emergency / exigency, SCOTUS | Comments Off on SCOTUS: Warrantless blood draw from unconscious driver not unreasonable

Bloomberg Law: Criminal Law Legend, Mueller Team Member Dreeben Leaving DOJ

Bloomberg Law: Criminal Law Legend, Mueller Team Member Dreeben Leaving DOJ by Jordan S. Rubin

Posted in SCOTUS | Comments Off on Bloomberg Law: Criminal Law Legend, Mueller Team Member Dreeben Leaving DOJ

CA6 applies GFE to Carpenter on remand, and he still loses

The SCA was the law prior to Carpenter, so the good faith exception applies. From the date of Carpenter, the Fourth Amendment applies: “Carpenter II confirmed that the SCA does not immunize a government officer’s collection of CSLI from the … Continue reading

Posted in Cell site location information, Good faith exception, SCOTUS | Comments Off on CA6 applies GFE to Carpenter on remand, and he still loses

ScotusBlog: Relist Watch: Inserting a key in a lock

ScotusBlog: Relist Watch by John Elwood:

Posted in SCOTUS | Comments Off on ScotusBlog: Relist Watch: Inserting a key in a lock

Reason: A Leftist Makes the Case for Originalism

Reason: A Leftist Makes the Case for Originalism by Damon Root What’s worse for the left, a conservative originalist or a conservative living constitutionalist?

Posted in SCOTUS | Comments Off on Reason: A Leftist Makes the Case for Originalism

MO: Warrantless blood draw from unresponsive person requires SW [issue also pending in SCOTUS]

The warrantless blood draw here was without exigent circumstances. The state instead relies on state statute, which the court finds a warrantless blood draw from an unresponsive person violates the Fourth Amendment. State v. Osborn, 2019 Mo. App. LEXIS 542 … Continue reading

Posted in Emergency / exigency, SCOTUS | Comments Off on MO: Warrantless blood draw from unresponsive person requires SW [issue also pending in SCOTUS]

ScotusBlog: Argument preview: Justices to weigh constitutionality of state law allowing blood test of unconscious drivers without a warrant

ScotusBlog: Argument preview: Justices to weigh constitutionality of state law allowing blood test of unconscious drivers without a warrant by Amy Howe re Mitchell v. Wisconsin being argued April 23, 2019.

Posted in Drug or alcohol testing, SCOTUS | Comments Off on ScotusBlog: Argument preview: Justices to weigh constitutionality of state law allowing blood test of unconscious drivers without a warrant

NPR: This Day in Liberal Judicial Activism—April 7

“Judicial activism” is determined only by whether your side won: NPR: This Day in Liberal Judicial Activism—April 7 by Ed Whelan:

Posted in SCOTUS | Comments Off on NPR: This Day in Liberal Judicial Activism—April 7

WaPo: The Supreme Court’s ‘alternative facts’ about drug-sniffing dogs

WaPo: The Supreme Court’s ‘alternative facts’ about drug-sniffing dogs by Radley Balko:

Posted in Dog sniff, SCOTUS | Comments Off on WaPo: The Supreme Court’s ‘alternative facts’ about drug-sniffing dogs

Cert. granted: Mitchell v. Wisconsin: Warrantless blood draws from the unconscious

ScotusBlog: Mitchell v. Wisconsin, 18-6210 (granted Jan. 11, 2019). Issue: Whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement. Posted here: WI: Drinking and driving until unconsciousness obviates def’s … Continue reading

Posted in Drug or alcohol testing, SCOTUS | Comments Off on Cert. granted: Mitchell v. Wisconsin: Warrantless blood draws from the unconscious

ABAJ: How retaliatory-arrest claims relate to the First and Fourth Amendments

ABAJ: How retaliatory-arrest claims relate to the First and Fourth Amendments by Erwin Chemerinsky: Maybe the third time will be the charm, and the Supreme Court will finally decide an important issue in civil rights litigation: Does the existence of … Continue reading

Posted in SCOTUS | Comments Off on ABAJ: How retaliatory-arrest claims relate to the First and Fourth Amendments