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.


61° 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.

News

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

 

SD High Court: Warrant Needed For DUI Blood Samples

August 21, 2014, 4:35 PM by Ben Dunsmoor

SD High Court: Warrant Needed For DUI Blood Samples
PIERRE, SD -

The five South Dakota Supreme Court justices all agree; officers in the state can't take a blood sample from a suspected drunk driver without a warrant or the suspect's consent.

They handed down the unanimous decision Thursday after Shauna Fierro's case went in front of the high court earlier this year.

The Butte County woman refused to give a blood sample during a DUI arrest last August.

"This was a mandatory blood draw scenario where the government is piercing the skin of a fellow citizen to collect evidence and that's a pretty serious invasion of privacy," Fierro's attorney Joe Kosel said Thursday.

Previous Story: SD Supreme Court Hears DUI Blood Draw Case 

Fierro's attorneys argued in front of the Supreme Court in May that under the U.S. Supreme Court's decision last year in Missouri v. McNeely law enforcement must get a warrant or consent to take a sample.

"What the state can't do is say we've passed a law that now has essentially as a legal fiction abrogated the Fourth Amendment warrant requirement," Fierro's appeal attorney Ron Parsons said on May 28.

Justice Lori Wilbur agreed in Thursday’s decision that state law can't trump the Constitution.

"Our precedent is clear that the Legislature cannot enact a statute that would preempt a citizen's constitutional right, such as a citizen's Fourth Amendment right," Wilbur wrote.

South Dakota Attorney General Marty Jackley says the ruling means law enforcement and the legislature will both have to make changes in DUI protocol.

"Really all 50 states are dealing with some level of adjusting their DUI laws to both take into account balancing the interest of protecting the public from drunk drivers and that level of government intrusion," Jackley said.

Several law enforcement agencies across South Dakota were already getting warrants for DUI blood draws following the U.S. Supreme Court decision in April of 2013. This decision on the state level reinforces the law and will bring more uniformity in arrests.

Previous Story

Next Story


Comments







 
Find Local Businesses on KELO Pages!

View news

You may also like

Student Athlete Ineligible After Charity Event

9/18/2014 5:20 PM

A successful Estelline cross country athlete is being forced to sit this season out because she participated in a charity run aimed at keeping kids aw...

Full Story | Watch
Two Vehicle Crash Leaves One Person With Life Threatening Injuries

9/20/2014 12:35 PM

A two vehicle crash has left one person with life threatening injuries.

Full Story
Joseph Patterson Released On $2 Million Bond

9/20/2014 3:04 PM

The man accused of killing the son of Minnesota Vikings running back Adrian Peterson is out of jail after someone posted a $2 million bond for his rel...

Full Story
Suspect In Custody After Police Surround Home

9/21/2014 2:44 PM

Sioux Falls Police and Lincoln County Sheriff's Deputies surrounded a Sioux Falls home on Sunday.

Full Story
Investigation At Canton Computer Business

9/17/2014 1:18 PM

Law enforcement are involved in a search at a Canton business.

Full Story


Events