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.
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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.
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.