The Supreme Court of the United States (SCOTUS) will not be reviewing the disappointing October 23, 2013 decision of the Supreme Court of Minnesota in State v. Brooks. The order denying certiorari was issued this morning, April 7, 2014, thus ending Mr. Brooks' near 5-year battle to avoid conviction for three separate DWI cases.
SCOTUS remanded Brooks case back to Minnesota in April of 2013 as a part of its decision and order in
Missouri v. McNeely. McNeely reiterated that, absent consent, police must obtain a warrant before obtaining blood evidence for use in impaired driving convictions. The ruling obviated dozens of state appellate court decisions that held police could force a chemical test without a warrant in all cases where there existed probable cause for arrest.
Brooks still stands for the proposition that urine and breath testing, and not just blood draws, fall under the ruling of McNeely. Brooks also solidifies a defendant's right to a case-by-case analysis of whether his/her purported consent to provide a sample for testing was coerced. You can read more about Brooks in an earlier article on this site.
SCOTUS remanded Brooks case back to Minnesota in April of 2013 as a part of its decision and order in
Missouri v. McNeely. McNeely reiterated that, absent consent, police must obtain a warrant before obtaining blood evidence for use in impaired driving convictions. The ruling obviated dozens of state appellate court decisions that held police could force a chemical test without a warrant in all cases where there existed probable cause for arrest.
Brooks still stands for the proposition that urine and breath testing, and not just blood draws, fall under the ruling of McNeely. Brooks also solidifies a defendant's right to a case-by-case analysis of whether his/her purported consent to provide a sample for testing was coerced. You can read more about Brooks in an earlier article on this site.
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