SCOTUS approves breath test as search incident to arrest

[06/23/2016 – 11:40 a.m.] This morning, the US Supreme Court ruled that states may conduct breath tests on people who have been arrested for drunk driving. The Justices noted that such searches are consistent with the so-called “search incident to arrest” exception to the warrant requirement.

The Court also noted that this exception does not apply to blood tests which require either a search warrant or exigent circumstances.

A link to a PDF of the court’s decision in Birchfield v. North Dakota is located here.

Share:
  • Print
  • Facebook
  • Twitter
  • LinkedIn