Blog 8

In my colleague Paige's blog, she talks about Warrantless Blood Draws????!!!!! "This article describes a man named Tyler McNeely who was stopped for erratic driving in a small town located in Missouri. The state trooper then performed several field sobriety test in which McNeely failed, and he proceed to refuse a breathalyzer test to measure his alcohol consumption" and about how it goes against the Constitution and violates the amendment an. I agree with Paige because I personally think that it does violate the amendment and the Constitution. To search or draw blood from someone without a warrant goes against the fourth amendment. For example, according to Wikipedia "Under the Fourth Amendment, law enforcement must receive written permission from a court of law, or otherwise qualified magistrate, to lawfully search and seize evidence while investigating criminal activity. A court grants permission by issuing a writ known as a warrant. A search or seizure is generally unreasonable and unconstitutional if conducted without a valid warrant and the police must obtain a warrant whenever practicable. Searches and seizures without a warrant are not considered unreasonable if one of the specifically-established and well-delineated exceptions to the warrant requirement applies". To draw blood from a person is seizing evidence which is illegal without a proper warrant.