User uShare Login | Register
Login
Register

Along with posting photos, videos, and stories, your uShare account lets you post Classified Ads, recipes on What's For Dinner, and Announcements.


59° View Weather Current Conditions Sioux Falls Change Location
Set Weather Options

RADAR LOCATION

TEMPERATURE LOCATION

Share your Photos, Videos, and Stories on uShare! Click here to get started.

Watch tonight's gubernatorial forum live at 8 p.m. central

News

[0] My Saved Articles
Find local businesses
on the KELO Pages!

 

Court Decision Not a 'Big Victory for Drunk Drivers'

August 21, 2014, 6:07 PM by Brady Mallory

Court Decision Not a 'Big Victory for Drunk Drivers'
SIOUX FALLS, SD -

Law enforcement officers can make you walk the line if you get picked up for drunk driving, but they cannot take blood samples without your permission. A unanimous South Dakota Supreme Court stems from a case last year where a Butte County woman refused to give a blood sample. Sheriff's deputies drew blood anyway.

After considering a recent U.S. Supreme Court decision, South Dakota justices ruled that officers cannot do that and need the suspect's consent or a warrant to take blood. For many law enforcement agencies in South Dakota, including Minnehaha County, this will not have a huge impact.

"Don't toast a big victory for drunk drivers, because it wasn't one," Sheriff Mike Milstead, Minnehaha County, said.

The Sheriff's Office and Sioux Falls Police Department have been following this procedure since the Missouri versus McNeely decision -- made last year by the U.S. Supreme Court. Milstead said this will slightly tweak the words an officer says to someone pulled over for drunk driving.

"We knew there would be a decision at some point and time by our Supreme Court," Cpt. Rich Miller, Sioux Falls Police Dept., said.

Miller says a blood sample can be important evidence, but it's not necessary for an arrest. Officers have a number of ways, including field sobriety tests, to put a drunk driver behind bars.

"The actual apprehension Is the same. The detecting, the finding them and going through the steps of making the arrest.  But it does have some paper work and time to the procedure on the back end," Miller said.

Even if a suspect says no, it would not take long to get a search warrant. Milstead and Miller can call a judge at any time -- day or night -- and get the warrant pretty quickly.

"Is it easier if you didn't have to?  Yeah, it might be easier. Might be a little quicker. But, in reality, the courts have ruled that it's not constitutional not to have one, so we're going to get one," Milstead said.

Milstead and Miller agree that despite a small technical change, the mission remains the same.

"People who are drinking and driving and are over the limit are still going to go to jail at the same rate they did before," Milstead said.

KELOLAND News also reached out to the South Dakota Highway Patrol, which declined an on-camera interview. The Department of Public Safety sent us a statement, which said the Highway Patrol will continue to follow this decision, and that a blood sample, "is only one piece of evidence that officers rely on in proceeding with such cases."

Previous Story

Next Story


Comments







 
Find Local Businesses on KELO Pages!

View news

You may also like

Body Of Missing Realtor Found At Arrowhead Park

10/18/2014 3:22 PM

The body of a missing Sioux Falls realtor has been found.

Full Story
SFPD Search For Missing Realtor

10/18/2014 11:45 AM

The Sioux Falls Police Department is asking for the public’s help in finding a missing woman.

Full Story
UPDATE: Two People Dead In SF Crash

10/17/2014 9:52 PM

Two people are dead after a two vehicle crash on Friday night in Sioux Falls.

Full Story
Body Of Pam Kneip Found After Search

10/18/2014 10:00 PM

Hundreds of volunteers gathered by an entrance at Arrowhead Park Saturday as police conducted a search for a missing woman.  The friends, family ...

Full Story | Watch
Police Release Names In Deadly Sioux Falls Crash

10/18/2014 8:19 PM

Police say two Sioux Falls men died in a crash Friday evening in the western part of the city.

Full Story


Events