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  • The Supreme Court of the United States ruled recently, in Missouri v. McNeely, that the natural dissipation of alcohol in the blood stream does not always constitute an “exigency” sufficient to justify drawing blood without a warrant. In that case, Tyler McNeely was stopped shortly after 2:00 a.m. for speeding and crossing the centerline. McNeely told the officer that he had “a couple of beers”. McNeely performed poorly on a series of field sobriety tests. However, McNeely refused to take a breathalyzer test. The officer arrested McNeely and took him to a nearby hospital for blood testing. McNeely refused to consent to the blood draw and the police officer never attempted to obtain a search warrant for the blood draw. The police ordered a lab technician to

    May 01,

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