warrantless blood test (Oklahoma) · Go Syfert
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warrantless blood test in Oklahoma

7 Oklahoma opinions name it 1 courts 2016–2023 3 in the last five years

The cases below were cited by Oklahoma 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.

Followed or applied (3)

CaseFollowedCited
Missouri v. McNeelygreen
scotus · 2013 · cited in 7 Oklahoma opinions naming this issue, 2016–2023
2 sentences

2023This departs from a foundational Fourth Amendment principle that requires probable cause be determined by a neutral and detached magistrate on a case-by-case basis." Stewart , 2019 OK CR 6 Missouri v. McNeely, this Court, in Stewart , rejected the claim that the dissipation of alcohol in a suspect's bloodstream creates a blanket and per se exigency, holding instead that, "[w]hether a warrantless blood test of a drunk suspect is reasonable must be determined case by case based on the totality of the circumstances." Stewart , 2019 OK CR 6 McNeely, 569 U.S. at 156 ).

2023As did the United States Supreme Court in Missouri v. McNeely, this Court, in Stewart , rejected the claim that the dissipation of alcohol in a suspect's bloodstream creates a blanket and per se exigency, holding instead that, "[w]hether a warrantless blood test of a drunk suspect is reasonable must be determined case by case based on the totality of the circumstances." Stewart , 2019 OK CR 6, ¶ 5 , 442 P.3d at 161 (citing McNeely, 569 U.S. at 156 ).

37
Kentucky v. Kinggreen
scotus · 2011 · cited in 2 Oklahoma opinions naming this issue, 2019–2019
2 sentences

2019This pronouncement means that in addition to having probable cause to support the search, police must also obtain a warrant unless there is some exigent circumstance where "the needs of law enforcement [are] so compelling that a warrantless search is objectively reasonable under the Fourth Amendment." Id. , 569 U.S. at 148-49 , 133 S.Ct. at 1558 (quoting Kentucky v. King, 563 U.S. 452, 460 , 131 S.Ct. 1849, 1856 , 179 L.Ed.2d 865 (2011)).

2019This pronouncement means that in addition to having probable cause to support the search, police must also obtain a warrant unless there is some exigent circumstance where "the needs of law enforcement [are] so compelling that a warrantless search is objectively reasonable under the Fourth Amendment." Id. , 569 U.S. at 148-49 , 133 S.Ct. at 1558 (quoting Kentucky v. King, 563 U.S. 452, 460 , 131 S.Ct. 1849, 1856 , 179 L.Ed.2d 865 (2011)).

12
Michigan v. Tylergreen
scotus · 1978 · cited in 2 Oklahoma opinions naming this issue, 2016–2016
2 sentences

2016A warrantless search may be reasonable when "'there is compelling need for official action and no time to secure a warrant.'" Id. , 133 S.Ct. at 1559 ( quoting Michigan v. Tyler , 436 U.S. 499, 509, 98 S.Ct. 1942, 1949, 56 L.Ed.2d 486 (1978)).

2016A warrantless search may be reasonable when "'there is compelling need for official action and no time to secure a warrant.'" Id. , 133 S.Ct. at 1559 ( quoting Michigan v. Tyler , 436 U.S. 499, 509, 98 S.Ct. 1942, 1949, 56 L.Ed.2d 486 (1978)).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Oklahoma. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
STEWART v. STATE green
oklacrimapp · 2019
2 sentences

2023This departs from a foundational Fourth Amendment principle that requires probable cause be determined by a neutral and detached magistrate on a case-by-case basis." Stewart , 2019 OK CR 6 Missouri v. McNeely, this Court, in Stewart , rejected the claim that the dissipation of alcohol in a suspect's bloodstream creates a blanket and per se exigency, holding instead that, "[w]hether a warrantless blood test of a drunk suspect is reasonable must be determined case by case based on the totality of the circumstances." Stewart , 2019 OK CR 6 McNeely, 569 U.S. at 156 ).

2023As did the United States Supreme Court in Missouri v. McNeely, this Court, in Stewart , rejected the claim that the dissipation of alcohol in a suspect's bloodstream creates a blanket and per se exigency, holding instead that, "[w]hether a warrantless blood test of a drunk suspect is reasonable must be determined case by case based on the totality of the circumstances." Stewart , 2019 OK CR 6, ¶ 5 , 442 P.3d at 161 (citing McNeely, 569 U.S. at 156 ).

32023–2023
STEWART v. STATE green
oklacrimapp · 2019
1 sentence

2023As did the United States Supreme Court in Missouri v. McNeely, this Court, in Stewart , rejected the claim that the dissipation of alcohol in a suspect's bloodstream creates a blanket and per se exigency, holding instead that, "[w]hether a warrantless blood test of a drunk suspect is reasonable must be determined case by case based on the totality of the circumstances." Stewart , 2019 OK CR 6, ¶ 5 , 442 P.3d at 161 (citing McNeely, 569 U.S. at 156 ).

12023–2023

Statutes the citing opinions construe

OK § Okla. Stat. tit. 47, § 10-104 (7) OK § Okla. Stat. tit. 21, § 711 (5) OK § Okla. Stat. tit. 47, § 753 (4) OK § Okla. Stat. tit. 22, § 1053 (3)

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.

Where else courts name it

PA 87 (1991–2026) CA 30 (2014–2025) TX 29 (2013–2018) ND 24 (2015–2020) MN 20 (2014–2025) WI 20 (2000–2026) IL 12 (2014–2021) NM 9 (2011–2019) GA 9 (2015–2025) KS 8 (2014–2023) AZ 7 (2015–2019) NJ 7 (2014–2019) OK 7 (2016–2023) ME 6 (2016–2019) IA 6 (2009–2022) NC 6 (2014–2021) NE 5 (2015–2025) ID 4 (2014–2020) FL 3 (2017–2020) SD 3 (2014–2016) OR 3 (2014–2022) TN 3 (2014–2020) VA 3 (1992–2024) LA 3 (1991–2021) KY 3 (2020–2021) WA 3 (2016–2018) SC 2 (2023–2023) CO 2 (2021–2024) AR 2 (2020–2020)

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.

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