In the 2013 case Missouri v. McNeely, the Supreme Court addressed the issue of compelling the occupant of a vehicle to be subject to involuntary blood testing during a traffic stop, specifically during a traffic stop on suspicion of driving while intoxicated. In that case, the court ruled that—in the absence of exigent factors—a search warrant must be obtained, or the occupant must consent, prior to the blood test occurring. While McNeely dealt with the driver of a vehicle specifically, its application to passengers can generally be inferred.
In the case of McNeely, administrative (i.e., non-criminal) penalties such as license revocation can be applied for failure to consent to a blood test. However, at present time, no jurisdiction in the United States has established such penalties for non-compliant passengers.
When a vehicle is stopped by the police, the passengers in the vehicle are also stopped, and passengers therefore have standing to seek judicial remedy if the nature or circumstances surrounding the stop become unreasonable (see the 2007 case Brendlin v. California). Depending on jurisdiction, involuntary blood draws may also be considered assault.
https://www.oyez.org/cases/2012/11-1425
Thursday, September 28, 2017
Can a deputy demand you draw blood on a traffic stop if you are the passenger? If they do draw blood even though you've refused, what can be done?
Subscribe to:
Post Comments (Atom)
What is the theme of the chapter Lead?
Primo Levi's complex probing of the Holocaust, including his survival of Auschwitz and pre- and post-war life, is organized around indiv...
-
Bacteria are single-celled microorganisms that thrive in diverse environments (such as the ocean, the soil, and the human body). Various bac...
-
The statement "Development policy needs to be about poor people, not just poor countries," carries a lot of baggage. Let's dis...
-
Note that these events are not in chronological order. The story is told by the narrator, looking back upon her life. The first notable even...
-
It seems most likely you are asking about Michael Halliday's theories of language. He argues children have seven main functions they use...
-
The tension between the three world orders after World War II (1939–1945) manifested itself in territorial, economic, military, ideologic...
-
Under common law, any hotel, inn, or other hospitality establishment has a duty to exercise "reasonable care" for the safety an...
-
James is very unhappy on a number of occasions throughout the story, but he's especially unhappy with his life situation as the story be...
No comments:
Post a Comment