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Forced blood test for a drunk-driving suspect? Supreme Court to step in.

A Missouri trooper ordered a blood test for a suspected drunk driver who had refused one, without having a warrant. US Supreme Court said Tuesday it will decide if that action was justified. The case could help define the scope of protections against unreasonable searches.

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The US Supreme Court announced on Tuesday that it will take up a case examining whether police officers need a warrant before administering an involuntary blood test to a suspected drunk driver.

Although the case deals with a relatively routine interaction between police and motorists, the underlying legal issue will help define the scope of Fourth Amendment protections against unreasonable searches involving forced blood tests.  

The case, Missouri v. McNeely (11-1425), stems from an October 2010 traffic stop by a Missouri state highway patrol officer near Cape Girardeau.

The officer pulled Tyler McNeely over at about 2 a.m. for allegedly exceeding the speed limit by 11 miles per hour. During the routine stop, Officer Mark Winder noticed signs that Mr. McNeely might be intoxicated. He asked the driver to step out of the car and take four field sobriety tests. After McNeely performed poorly, the trooper asked the driver to submit to an alcohol breath test.

McNeely refused.

The trooper then transported McNeely to a medical clinic. After the driver refused to submit voluntarily to a blood test, Officer Winder directed a clinic staff member to draw blood without the suspect’s permission.

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