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 Supreme Court: No DUI Blood Sample Without Warrant

August 21, 2014, 9:08 AM by Ben Dunsmoor

SD Supreme Court: No DUI Blood Sample Without Warrant
PIERRE, SD -

In an unanimous decision, the South Dakota Supreme Court has ruled that state law enforcement cannot take blood samples during DUI arrests without a warrant or the suspect’s consent.

In an opinion released Thursday morning, the justices sided with Shauna Fierro who was arrested for DUI last August and refused to give a blood sample.

Previous Story: SD Supreme Court Hears DUI Blood Draw Case

South Dakota Highway Patrol troopers and Butte County deputies took the sample anyway. But a Butte County judge threw out Fierro’s test results based on a U.S. Supreme Court ruling in Missouri v. McNeely that requires officers to get a warrant or the offender’s consent before drawing blood.

“(State law) does not provide an exception to the search warrant requirement in South Dakota and any argument to the contrary cannot be reconciled with the United States Supreme Court,” Justice Lori Wilbur wrote in the opinion.

Read The South Dakota Supreme Court Opinion

Fierro’s arrest came four months after the Missouri v. McNeely decision and the South Dakota Supreme Court says that South Dakota law enforcement was aware of the warrant requirements.

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