On April 23, 2019, the Supreme Court of the United States heard oral arguments in Mitchell v. Wisconsin. The issue at the heart of the case involved whether a statute authorizing a blood draw from an unconscious motorist provides an exception to the Fourth Amendment warrant requirement. When Mitchell was arrested while outside of his vehicle, police stated that he was stumbling and acting belligerent. As a result, he was asked to perform a portable breath test, which showed his BAC was three times the legal limit. By the time the police had transported him to the station for further booking procedures, his condition allegedly worsened, and police transported him to a local hospital, but not before he became unconscious. While he was unconscious, police read him a statement informing him of the blood test to check his BAC. He was ultimately charged with a DWI and failed to suppress the results of that blood test.
When the Supreme Court issues a decision, we will provide an update. If you wish to know more about Mitchell v. Wisconsin see below for a link to a news story from Courthouse News about the case, and a link to the scotusblog for further information.