Tyler McNeely’s 2010 Cape Girardeau DUI case has advanced through the court systems all the way to the U.S. Supreme Court. When his case went to criminal court, McKneely’s lawyer asked that blood taken without a warrant be stricken from evidence.
Former Chief of Police and Director of Southeast Missouri State University’s Law Enforcement Academy Carl Kinnison tells KZIM KSIM that he understands that taking blood without a warrant can be seen as an intrusion, but may be their only option.
Kinnison says that when an officer has to wait for a warrant the alcohol in the blood dissipates, so if they have to wait two hours on a warrant then they may lose out on evidence.
In February, the Supreme Court heard both sides of McKneely v. MO and the court expects to announce a decision by the summer.
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