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MADISON, Wis. (CN) — The consequential debate over implied consent laws continued in the Wisconsin Supreme Court on Thursday with arguments in a case involving an unconscious driver in the hospital ...
Supreme Court to Consider Whether Police Can Order Blood Draws from Unconscious Drivers - Reason.com
Wisconsin has an "implied consent" law that authorizes police to order blood draws for drivers who are unconscious and therefore unable to consent. The cops just have to suspect that the driver is ...
Wisconsin’s implied consent statute provides that drivers in the state are “deemed to have given consent” to have their blood drawn and tested when they drive on a state road and if police have ...
Libertarians say 'implied consent ... lawyers strongly disagree and think a case from Sheboygan will be the chance for the U.S. Supreme Court to rein in "implied consent" laws in Wisconsin and ...
The state argued that no warrant was required because its “implied-consent law” authorizes the police to draw blood from an unconscious motorist if they have probable cause to suspect drunk driving.
Gorsuch worried that Wisconsin's law remains unclear. Only three of seven justices said Mitchell had given his implied consent; two others said the blood draw was legal as part of a pre-arrest search.
In a 5-4 vote, the court upheld a Wisconsin law that says motorists have given implied consent to having blood drawn. There were two dissents — including one from Justice Neil Gorsuch.
While all 50 states have some form of implied consent laws, just 29 appear to extend to unconscious suspects. Of those, 20 are split on whether that’s constitutional, according to a brief filed ...
Last week, in Mitchell v. Wisconsin, the Supreme Court added a new chapter to the Fourth Amendment rules on testing for blood alcohol content in the enforcement of the drunk driving laws. When the ...
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