The Supreme Court Takes Another Shot at Privacy

The Supreme Court is hearing arguments today in a case where a cop forced a suspected drunk driver to have blood drawn. The case was thrown out by the judge because the cop didn't get a warrant. There was no accident or assault, the driver was simply speeding: 56 in 45 mph zone.

Now, getting that warrant had never been a problem before. A judge is on call at all times and warrants were previously obtained within half an hour. The state highway patrolman involved, Mark Winder, had read an opinion from the state prosecutor that a warrant was unnecessary, an opinion that was in direct contradiction to an opinion from the county attorney and the state police legal advisory. In any case the blood test was unnecessary, as the suspect's refusal of the breathalyzer test could be used as evidence of guilt at trial.

This case should have ended there: the patrolman acted against the advice of his employer, the state police. He should have been reprimanded, but instead the case has been appealed all the way to the US Supreme Court.

Incredibly, the Obama administration is siding with Missouri on this. Their argument, that time is of the essence because the alcohol will dissipate over time, is simply not credible. It's just like arguing that warrants shouldn't be required for searching a drug-dealer's house because he might sell the drugs before the warrant is issued. If time is so critical, it is incumbent upon the state to do its job quickly, not to force the suspect to abandon his rights because the state can't get its act together. With modern technology a warrant can be requested and issued within minutes.

This isn't just an overreaching cop invading a man's privacy, like searching a car and finding marijuana. Drawing blood is a medical procedure that is not without risk: you can suffer collapsed veins, blood clots and staph infections. It's unlikely you'll suffer injury or death, but it's not impossible.
 We shouldn't trash the idea of presumed innocence and risk people's health because cops and prosecutors are too lazy to do their jobs.