Missouri v. McNeely

Amicus curiae brief of the National College for DUI Defense and the National Association of Criminal Defense Lawyers in support of Respondent.

Brief filed: 12/17/2012


Missouri v. McNeely

United States Supreme Court; Case No. 11-1425

Prior Decision

Decision below 358 S.W.3d 65 (Mo. Jan. 17, 2012).

Question Presented

Whether a law enforcement officer may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream.


Per se warrantless blood draws are unnecessary as (i) states already successfully prosecute thousands of drunk driving cases after police obtain warrants to draw blood, (ii) technological advances allow police to obtain warrants in minutes, (iii) states have e-warrant procedures, and (iv) telephonic warrants also may be granted in minutes. Per se warrantless blood draws are unreasonable and unconstitutional. The warrant requirement checks police power in DUI cases. And search warrants protect officers and drivers.

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Jeffrey T. Greene and Jeffrey S. Beelaert, Sidley Austin LLP, Washington, DC; Sarah O’Rourke Schrup, Northwestern Univ. Supreme Court Practicum, Chicago, IL; Leonard R. Stamm, Goldstein & Stamm P.A., Greenbelt, MD.