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In reply to the discussion: (SCOTUS) Justices Look at Legality of Drunken-Driving Test [View all]Orrex
(63,200 posts)13. But that's not the issue before the court
At some later date they might hear a case defining precisely what constitutes probable cause, but don't hold your breath; such a tight restriction is unlikely to be established any time soon. The driver in this case had already failed four out of four field sobriety tests, thereby establishing a reasonable suspicion that he was intoxicated.
Like it or not, judges already have considerable authority to grant warrants if probable cause has been demonstrated, and if that includes the drawing of blood, then--as it stands now--the law supports this.
You may argue that judges shouldn't possess this authority; I welcome you to tell us who should have that power instead. .
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I expect that they will rule that warrants must be obtained when they reasonably can be
Orrex
Jan 2013
#22
Well, given the way they ruled on Florence last year, I don't have much hope...
Blue_Tires
Jan 2013
#30
I have a relative who had a pretty bad stroke. He gets around just fine, but he can look a little
MADem
Jan 2013
#27