The Corpus Delicti Rule
A summary of People v. Sanchez, in which the defendant appealed his conviction for one count of driving under the influence of alcohol.
Has Missouri v. McNeely Been Overruled by Mitchell v. Wisconsin?
In Mitchell v. Wisconsin, the U.S. Supreme Court held that a Wisconsin statute providing for a warrantless blood draw from an unconscious DUI suspect is always constitutional, except in the rarest of circumstances, pursuant to the “exigent circumstances” exception to the Fourth Amendment’s warrant requirement.
The need for a warrant after DUI suspect hospitalized
In People vs. Pratt, the appellate court held that a non-consensual blood draw of a DUI suspect at the hospital after a fatal accident was an unreasonable warrantless search in violation of the Fourth Amendment.