United States Supreme Court Issues Decision in Mitchell v. Wisconsin
On June 27, 2019, the United States Supreme Court issued its decision in Mitchell v. Wisconsin. In its decision, the Court declined to hold that implied consent statutes are a valid exception to the Fourth Amendment's warrant requirement. Instead, the Court held that when an officer has probable cause to believe an unconscious person has committed a DUI offense, and the person is taken to the hospital or similar facility due to their unconsciousness, and the police had no reasonable opportunity to administer an evidential breath alcohol test, the warrantless seizure of the person's blood “almost always” does not offend the 4th Amendment.
