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Federal judge keeps teeth in SCOTUS’s McNeely blood draw case

Dec 04, 2013 Federal judge keeps teeth in SCOTUS’s McNeely blood draw case

Last April, the Supreme Court generally limited blood draws of criminal suspects to those obtained by consent of the suspect or by a valid search warrant, absent exigent circumstances. Missouri v. McNeely, 133 S.Ct. 1552 (2013). Criminal defense lawyers need to challenge all three with full vigor.

As to exigent circumstances, fortunately federal Magistrate Judge Thomas M. DiGirolamo — before whom I sometimes appear — recently confirmed that exigent circumstances require a real exigency to withdraw blood without consent or a valid search warrant. U.S. v. Brown, 2013 WL 5604589 (D. Md. Oct. 11, 2013) (not reported).

Brown is not reported in the F. Supp. court reporting system, but should be.

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