Should police need warrant to test Minn. drivers for alcohol? - KMSP-TV

  • Should police need to obtain a warrant to test for alcohol in the state of Minnesota?

  • Thank you for participating in our poll. Here are the results so far:

    Yes
    42%
    258 votes
    No
    58%
    353 votes

Should police need warrant to test Minn. drivers for alcohol?

Posted: Updated:
ST. PAUL, Minn. (KMSP) -

A Minnesota civil rights group believes a warrant should be required for all alcohol testing in the state of Minnesota and will present a brief to the Minnesota Supreme Court to challenge a recent ruling.

Minnesota’s current “implied consent” law states that if you are arrested by an officer who has probable cause to believe that you were driving under the influence of drugs or alcohol, you consent to taking a chemical test of your blood, breath or urine. The penalty for refusing a test results in the suspension of your license for at least one year, depending on your DWI history. You do not have to take a preliminary breath test, but the officer can still place you under arrest and you might be lawfully required to take a chemical test later.

The American Civil Liberties Union of Minnesota presented their case to the Minnesota Supreme Court saying Minnesota’s current law takes away an individual’s Fourth Amendment rights, but the Court of Appeals upheld the law.

The Supreme Court found collection of blood and urine samples is a Fourth Amendment "search," and the ACLU-MN believes that search should require a warrant.

"The Minnesota Court of Appeals decision turns the Fourth Amendment on its head, and is setting a dangerous precedent by stating that the police don't actually need to get a warrant as long as they had good evidence," said Teresa Nelson, Legal Director of the ACLU-MN. "I think most people would be appalled if the police could search our houses without a warrant simply because they stated they had enough evidence to do so."

Howard Bass of the Bass Law Firm and Nicole Moen of Fredrikson and Byron are cooperating attorney in the case along with Teresa Nelson of the ACLU-MN.

  • Most Popular StoriesMost Popular StoriesMore>>

  • IN CUSTODY: Officer shooting suspect Brian George Fitch Sr.

    IN CUSTODY: Officer shooting suspect Brian George Fitch Sr.

    Wednesday, July 30 2014 10:07 PM EDT2014-07-31 02:07:28 GMT
    Fox 9 News is learning more about the suspect wanted in connection with the fatal shooting of Mendota Heights Police Officer Scott Patrick, 47, during a traffic stop, and it turns out he was already a wanted man when that traffic stop began.

    Fox 9 News is learning more about the suspect wanted in connection with the fatal shooting of Mendota Heights Police Officer Scott Patrick, 47, during a traffic stop, and it turns out he was already a wanted man when that traffic stop began.
  • SWAT team arrests suspected cop killer in St. Paul

    SWAT team arrests suspected cop killer in St. Paul

    Wednesday, July 30 2014 10:42 PM EDT2014-07-31 02:42:24 GMT
    On Wednesday night, dozens of officers -- including a SWAT team -- descended on Sycamore and Rice streets in St. Paul after a suspected cop killer apparently opened fire on officers and was shot multiple times.
    On Wednesday night, dozens of officers -- including a SWAT team -- descended on Sycamore and Rice streets in St. Paul after a suspected cop killer apparently opened fire on officers after escaping a neighborhood near the intersection of Baker and Livingston, where the car used in the crime was found.
  • Mendota Heights police officer shot in West St. Paul; suspect shot

    Mendota Heights police officer shot in West St. Paul; suspect shot

    Thursday, July 31 2014 12:36 AM EDT2014-07-31 04:36:05 GMT

    A Mendota Heights police officer was shot and killed Wednesday afternoon during a traffic stop near Dodd Road and Smith Avenue in West St. Paul, Fox 9 sources confirmed. Police arrested the suspect later Wednesday night.


    A Mendota Heights police officer was shot and killed Wednesday afternoon during a traffic stop near Dodd Road and Smith Avenue in West St. Paul, Fox 9 sources confirmed. Police arrested the suspect later Wednesday night.


Widgets Magazine
Powered by WorldNow

KMSP-TV
11358 Viking Drive
Eden Prairie, MN 55344

Phone: (952) 944-9999
Fax: (952) 942-0455

Didn't find what you were looking for?
All content © Copyright 2000 - 2014 Fox Television Stations, Inc. and Worldnow. All Rights Reserved.
Privacy Policy | Terms of Service | Ad Choices