U.S. Supreme Court justices on Tuesday wrestled with whether police need a court...
WASHINGTON - U.S. Supreme Court justices on Tuesday wrestled with whether police need a court-issued warrant to draw an unconscious suspect’s blood in a case involving a Wisconsin man convicted of drunken driving based on blood obtained without his consent.
Mitchell appealed a ruling by Wisconsin’s highest court that the blood draw did not violate the U.S. Constitution’s Fourth Amendment protections against unreasonable searches. Police drew the blood, which showed his blood-alcohol concentration far above the state’s legal limit, after finding Mitchell shirtless, wet and covered in sand near the shores of Lake Michigan.
“Ignorance of the law is no excuse,” Roberts said, invoking a old legal maxim. “Why do you need them to sign a piece of paper?” “This is not quite ignorance of the law. This is something substantially different because you’re talking about ... knowledge that your body can be invaded by police to secure evidence to prove you drove intoxicated,” Sotomayor said.
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