Case to Watch: Drake v. Jerejian

By Allen Thompson, Esq. UPDATE: The Supreme Court, on Monday, denied the petition, declining to accept the case for review.  No opinion was issued as to the denial. UPDATE: The case has been distributed for today's conference. UPDATE: The docket now reflects that Respondents have timely filed their response. The Supreme Court of the United States … Continue reading Case to Watch: Drake v. Jerejian

Supreme Court and Individual Freedoms – Difficult to Determine, Harder to Rationalize

http://news.yahoo.com/dna-swab-arrestees-cheek-reasonable-search-supreme-court-201434454.html;_ylt=A2KJ2UZttLNRTzEAAqTQtDMD Well, It would seem that my blog from last time may have been a bit premature.  Recently, the Supreme Court ruled that it is sometimes OK to take DNA samples of arrestees. How does this case differ from police taking blood for a DUI/DWI stop is the immediate question that follows this recent ruling.  In each … Continue reading Supreme Court and Individual Freedoms – Difficult to Determine, Harder to Rationalize

Supreme Court Protects Rights and Requires States to Obtain Warrant in DUI Stops

On April 17, 2013, the United States Supreme Court decided a case that has implications throughout the country. The case, Missouri v. McNeely, was based on a motorist who was stopped on suspicion of drunk driving and arrested. McNeely refused to take a breath test, but was then taken to a local hospital for a … Continue reading Supreme Court Protects Rights and Requires States to Obtain Warrant in DUI Stops