Tag Archives: warrantless blood draws

Permalink to Is Pennsylvania’s Refusal Enhancement for DUI Blood Cases Constitutional?

Is Pennsylvania’s Refusal Enhancement for DUI Blood Cases Constitutional?

This morning the Supreme Court of the United States released its opinion in the case of Missouri v. McNeely. While the core holding of the case will not impact Pennsylvania, in the reasoning and the dicta (the text of the opinion) it is quite clear that Pennsylvania’s current laws (75 PaCSA 3804) for sentencing enhancement […]

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Permalink to Missouri v. McNeely

Missouri v. McNeely

The Supreme Court of the United States just moments ago published its opinion in the case of Missouri v. McNeely (11-1425). In part the majority held: The question presented here is whether the natural metabolization of alcohol in the bloodstream presents a per se exigency that justifies an exception to the Fourth Amendment’s warrant requirement […]

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