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Appeals Court Rules Taking Blood Without Warrant Is Unconstitutional

4th District Court Says Doing So Violates Fourth Amendment

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A gavel in a courtroom.
Joe Gratz (CC0 1.0)

A Wisconsin appeals court has ruled that taking blood samples without a warrant from incapacitated drivers suspected of driving drunk is unconstitutional.

The 4th District Court of Appeals ruled Thursday that a provision in state law that allows for such samples to be taken violates the Fourth Amendment that protects against unconstitutional search and seizure.

The Wisconsin State Journal reports that the decision throws out a long-standing state law provision stating that incapacitated drivers are presumed not to have withdrawn consent for blood tests.

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