NC: Warrantless blood draw from unconscious driver violated 4A

“We now address the application of the Supreme Court’s decisions in Birchfield v. North Dakota and Missouri v. McNeely to the situation at bar, specifically, the warrantless blood draw from defendant for purposes of determining blood alcohol content. We hold that, in light of Birchfield and McNeely, N.C.G.S. § 20-16.2(b) is unconstitutional as applied to defendant because it permitted a warrantless search that violates the Fourth Amendment. We also hold that the State’s state action, good faith, and independent source claims are not properly before us.” State v. Romano, 2017 N.C. LEXIS 398 (June 9, 2017).

Traveling to a hotel room that had drugs in it in a car created the inference that evidence would be found in the car, too. United States v. Kalayjian, 2017 U.S. Dist. LEXIS 88249 (D. Mont. June 8, 2017).*