Supreme Court Releases Audio Recording of Bernard Argument

Posted On April 22, 2016 by Daniel Koewler

The United States Supreme Court posted the audio of the Bernard argument this morning. Download it and review it at your leisure!

We highly recommend that everyone take the time to listen to the argument or read the transcript (or both if you are a Constitution enthusiast with a serious lack of plans this weekend).

If you want to get right to the juicy bits, we've provided time stamps for some of the key portions of the argument below, including:

32:25 Justice Roberts goes on the offensive, comparing the dangers of texting while driving to driving under the influence, pointing out that if law enforcement don't have the authority to dig though driver's cell phones they shouldn't have the authority to dig through their bodies.

43:35 Justice Kennedy discusses the "wake of our recent cases| regarding the undisputed fact that technological advancements make obtaining warrants quicker and easier than ever, and that warrants are the preferred method of executing a search.

44:08 Justice Kennedy points out that to rule in favor of the State would be to grant an |extraordinary exception| to the Fourth Amendment.

48:46 Justice Breyer realizes that the breath tests at issue in this case are not roadside breath tests, but evidentiary tests that are actually taken at the local police station and/or jail, and how that knowledge changes the tone of the entire argument.

56:00 Justice Sotomayor points out that the State is asking the Court to craft a new, |drastic| exception to the Fourth Amendment.

The whole argument is worth listening to, these are just some of the highlights.

Check back often as we will continue to provide analysis of Bernard v. Minnesota until a decision is issuedâ??hopefully sometime in early June.