DUI anonymous tip

Police can’t stop you based only on anonymous tip

Anonymous Tip Traffic Stop On January 9, 2013, the South Carolina Supreme Court reversed the Court of Appeals in State v. Taylor and found police did have reasonable suspicion to conduct an investigatory stop and subsequent search of the defendant. Facts The Florence County Sheriff’s office received an anonymous tip regarding suspected drug activity.  Police arrived at 11:00 …

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U.S. Supreme Court Hears DUI Warrantless Blood Draw Case

On January 9th, 2013 the U.S. Supreme Court heard arguments in Missouri v. McNeely on whether police may obtain a nonconsensual and warrantless blood sample from a drunk driver under the exigent circumstances exception to the Fourth Amendment warrant requirement based upon the natural dissipation of alcohol in the bloodstream. Facts Missouri police initiated a traffic stop …

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DUI Blood Draw Unconstitutional

On April 17, 2013 the U.S. Supreme Court in Missouri v. McNeely answered the question of whether police can obtain a nonconsensual warrantless blood sample from a person accused of DUI.  The answer is Yes, police will have to get a warrant first (most times). The court held “that in drunk-driving investigations, the natural dissipation of alcohol in …

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