SCOTUS drunk driving case looks good for the drunk drivers.
peter.suber's bookmarks 2016-04-22
Summary:
"Wednesday’s case [4/20/16], Birchfield v. North Dakota, involves laws that impose criminal penalties when motorists suspected of drunk driving refuse to take a “chemical test”—usually a blood or breath test. North Dakota, Minnesota, and 10 other states have passed such measures to avoid pesky issues like obtaining a warrant before sticking a needle in a driver’s arm or a tube in her mouth. Danny Birchfield, who was arrested for refusing to take a blood test, argued that these laws violate the Fourth Amendment, which typically requires a warrant before police can conduct a search. North Dakota says motorists give consent to chemical tests when they drive in the state. Birchfield says legally mandated consent is no consent at all...."