| Missouri v. McNeely | |
|---|---|
 | |
| Argued January 9, 2013 Decided April 17, 2013 | |
| Full case name | State of Missouri v. Tyler Gabriel McNeely |
| Citations | 569 U.S. 141 (more) 133 S. Ct. 1552; 185 L. Ed. 2d 696; 2013 U.S. LEXIS 3160; 81 U.S.L.W. 4250 |
| Opinion announcement | Opinion announcement |
| Case history | |
| Prior | motion to suppress evidence granted, unreported No. 10CG-CR01849-01 (Cir. Ct. Cape Girardeau Cty., Mo., Div. II, Mar. 3, 2011); case referred to higher court, 2011 WL 2455571 (Mo.App. E.D.); motion affirmed, 358 S.W.3d 65 (Mo. 2012); rehearing denied, unreported (Mo. March 6, 2012); cert. granted, 567 U.S. 968 (2012). |
| Holding | |
| The fact that blood-alcohol levels dissipate after drinking ceases, is not a per se exigency pursuant to Schmerber justifying an officer to order a blood test without obtaining a warrant from a neutral judge. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Sotomayor, joined by Scalia, Kennedy, Ginsburg, Kagan (Parts I, II–A, II–B, and IV) |
| Plurality | Sotomayor, joined by Scalia, Ginsburg, Kagan (Parts II–C and III) |
| Concurrence | Kennedy (in part) |
| Concur/dissent | Roberts, joined by Breyer, Alito |
| Dissent | Thomas |
| Laws applied | |
| U.S. Const. Amend. IV | |
Missouri v. McNeely, 569 U.S. 141 (2013), was a case decided by United States Supreme Court, on appeal from the Supreme Court of Missouri, regarding exceptions to the Fourth Amendment to the United States Constitution under exigent circumstances.[1][2] The United States Supreme Court ruled that police must generally obtain a warrant before subjecting a drunken-driving suspect to a blood test, and that the natural metabolism of blood alcohol does not establish a per se exigency that would justify a blood draw without consent.