Outside Publication

Is There a Doctor in the (Station) House? Reassessing the Constitutionality of Compelled DWI Blood Draws Forty-Five Years After Schmerber, West Virginia Law Review Vol. 113

2011

This article examines a narrow subset of that state-level development: non-consensual DWI blood draws.

A review of the state statutory and jurisprudential applications of Schmerber reveals increasing disagreement over the scope of the Fourth Amendment when police seek to recover fleeting evidence of blood alcohol content. Based on this review, this article suggests a number of policy proposals designed to better insure police stay within the Fourth Amendment strictures of Schmerber while also procuring the most effective evidence possible.