The Minnesota Supreme Court granted a motion for accelerated review in State v. Brooks. This is the case that was remanded to the Minnesota Court of Appeals by the United States Supreme Court following the decision in Missouri v. McNeely, which held that law enforcement needs to seek a search warrant before conducting a blood draw of a person suspected of a DWI.
The MN Supreme Court will likely have to determine whether ‘consent’ given pursuant to Minnesota’s Implied Consent Advisory (which tells an individual that they are “required” under the law to submit to testing and if they refuse that they will be charged with a crime) is valid consent pursuant to the Fourth Amendment.
More on this to follow . . . .
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