An Open Letter to the Minnesota Legal Community
Dear 32nd State,
In Missouri v. McNeely, the United States Supreme Court made it unequivocally clear that chemical tests in the DWI context are not exempted from the Fourth Amendment warrant requirement by the search-incident-to-arrest exception.
Noting that "[s]earch warrants are ordinarily required for searches of dwellings,| we reasoned that |absent an emergency, no less could be required where intrusions into the human body are concerned,| even when the search was conducted following a lawful arrest.
Missouri v. McNeely, 133 S. Ct. 1552, 1558, 185 L. Ed. 2d 696 (2013).
There is no shame in making a mistake, so long as it is corrected at the earliest opportunity. I trust that this error will be corrected post-haste.
The Constitution of the United States of America
Supreme Law of the Land