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Blog Posts in April, 2013

  • Metabolizing Alcohol is Not an Exigent Circumstance: Warrants are required for DUI blood tests

    Recently, a majority of States asked the Supreme Court to rule that warrants are not required for DUI blood tests. Answering this question in Missouri v. McNeely , the Supreme Court determined that DUI blood tests are a search under the 4thAmendment. Therefore, DUI blood tests will likely require a search warrant before they can be performed. Additionally, metabolizing of the alcohol in the blood ...
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  • Drug-Dog Sniff Tests: All Bark and No Bite?

    This year, the U.S. Supreme Court has decided two cases involving drug dog sniff tests. In the first case, Florida v. Harris , the Court ruled that a positive test by a drug dog whose abilities are supported by training and testing records, and whose abilities are not undermined by other evidence, is sufficient for probable cause to search inside a car. In the second case, Florida v. Jardines , ...
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  • U.S. Supreme Court Holds Oral Arguments Concerning the Legal Definition of Marriage

    The U.S. Supreme Court recently held oral arguments for two cases involving homosexual marriage. The first, Hollingsworth v. Perry , argued last Tuesday, is a case about Proposition 8, an amendment to California's state constitution stating that California will only recognize marriage between a man and a woman. The second, United States v. Windsor , argued last Wednesday, involves the Federal ...
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