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SCOW to address whether warrantless blood draw of unconscious motorist violates 4th Amendment

State v. Gerald Mitchell, 2015AP304-CR; certification granted 9/11/17; case activity (including briefs)


Whether the warrantless blood draw of an unconscious motorist pursuant to Wisconsin’s implied consent law, where no exigent circumstances exist or have been argued, violates the Fourth Amendment.

Yes, you’ve read about this issue several times before. That’s because SCOW granted certification of it in State v. Howes, 2014AP1870-CR, and then issued a 3-way split opinion that left the law very messy, thus generating posts and comments trying to sort it all out.  Here is the court of appeals certification in this case.  Here is On Point’s detailed analysis of the confusion and Bill Tyroler’s comment trying to make sense of it. Fingers crossed that SCOW is at last able to issue a definitive decision answering this important question “yes.”

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