Hey,
Justice Sonia Sotomayor is a wise Latino woman! Writing the majority opinion that struck down the customary warrantless and nonconsensual blood alcohol tests in DUI investigations she wrote;
While “in some circumstances law enforcement officers may conduct a search without a warrant to prevent the imminent destruction of evidence, it does not follow that we should depart from careful case-by-case assessment of exigency and adopt the categorical rule proposed by the State and its amici. In those drunk-driving investigations where police officers can reasonably obtain a warrant before a blood sample can be drawn without significantly undermining the efficacy of the search, the Fourth Amendment mandates that they do so.”
No comments:
Post a Comment