Idaho Law Enforcement Must Get Warrant Before Drawing Blood
BOISE, Idaho (AP) — The Idaho Supreme Court has ruled that police must get warrants before drawing blood from suspected drunk drivers who refuse to cooperate.
The court in two separate decisions released Tuesday said Idaho's implied consent law cannot be used by police to perform warrantless blood draws because that action violates the Fourth Amendment protecting against unreasonable search and seizure.
The Spokesman-Review reports that the decisions stem from two northern Idaho cases where police took blood tests from suspected drunk drivers who didn't want the blood tests performed.
The Idaho Supreme Court cited a 2013 U.S. Supreme Court decision that prohibits categorical exceptions to the Fourth Amendment. Idaho State Police and other agencies say they started new procedures following the 2013 court decision and typically get warrants for forced blood draws.