7 New Jersey opinions name it 2 courts 2014–2019 0 in the last five years
The cases below were cited by New Jersey courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Missouri v. McNeelygreen2 sentences2018Whether a warrantless blood test of a drunk-driving suspect is reasonable must be determined case by case based on the totality of the circumstances. [ Id. at 156 , 133 S.Ct. 1552 .] In rejecting a categorical rule for blood-alcohol testing, the Court impressed that "some delay between the time of the arrest or accident and the time of the [blood] test is inevitable regardless of whether police officers are required to obtain a warrant." Id. at 153 , 133 S.Ct. 1552 . 2018Whether a warrantless blood test of a drunk-driving suspect is reasonable must be determined case by case based on the totality of the circumstances. [ Id. at 156 , 133 S.Ct. 1552 .] In rejecting a categorical rule for blood-alcohol testing, the Court impressed that "some delay between the time of the arrest or accident and the time of the [blood] test is inevitable regardless of whether police officers are required to obtain a warrant." Id. at 153 , 133 S.Ct. 1552 . | 2 | 5 |
State v. Timothy Adkins (073803)green2 sentences2019Adkins, 221 N.J. at 304, 313 . 2018Id. at 302 , 113 A.3d 734 . | 1 | 2 |
Preston v. United Statesgreen1 sentence2018In Schmerber v. California, the Supreme Court upheld a DWI suspect's warrantless blood test where the officer "might 7 A-1640-16T4 reasonably have believed that he was confronted with an emergency, in which the delay necessary to obtain a warrant, under the circumstances, threatened 'the destruction of evidence.'" 384 U.S. at 770 (quoting Preston v. United States, 376 U.S. 364, 367 (1964)). | 1 | 1 |
Hargrove v. United Statesgreen1 sentence2015Indeed, as defendant notes, following McNeely , the Supreme Court granted a writ of certiorari in Brooks, supra, — U.S. at *314 -, 133 S.Ct. at 1996, 185 L.Ed.2d at 863-64, a case involving a warrantless blood test of a drunk driving suspect, and the Court summarily vacated and remanded the decision of the Minnesota Court of Appeals. | 1 | 1 |
Brooks v. Minnesotagreen1 sentence2015Indeed, as defendant notes, following McNeely , the Supreme Court granted a writ of certiorari in Brooks, supra, — U.S. at *314 -, 133 S.Ct. at 1996, 185 L.Ed.2d at 863-64, a case involving a warrantless blood test of a drunk driving suspect, and the Court summarily vacated and remanded the decision of the Minnesota Court of Appeals. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in New Jersey. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
State of New Jersey v. Donna Jones
green
2 sentences2018Id. at 73 , 96 A.3d 297 . 2018Id. at 73 , 96 A.3d 297 . | 1 | 2018–2018 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.