- State the issue of law the Missouri (MSCt) confronted in McNeely.
The rule of law confronted was the blood test complains. The defendant did not consent to the test while officer did not seek warrant. The officer showed no concern about any delay which jeopardized evidence.
- State the rule of law the Missouri announced in McNeely.
Defendant was granted an opportunity to suppress the test results; judgment was affirmed.
- Propose alternatives of rule of law for resolving a case?
Court cases normally follow procedure hence consume a lot of time. Alternative way is to apply reconciliation rule whereby defendant and offender are given the chance to agree to solve their issues
- What fourth amendment does Missouri court seek to balance?
Fourth amendment analysis calls for the balancing of two competing interests: the right of individual to secure in his or her person house, papers and effects against unreasonable searches and seizure. The second is the interest of society in knowing and getting rid of criminal activities.
- Advance an argument on behalf of Schmerber as to why the extraction of a blood sample from his body compelled him to be a witness against himself, and so violated his Fifth Amendment rights.
Warrant fewer intrusions of the body should not be taken lightly; it should be viewed basing on facts and circumstances of each case. Officers should believe that they were faced with emergency where delay of obtaining warrant would jeopardize evidence. Special facts should therefore be considered. Neutral and detached judge should be the one taking inference to support blood draw.
- Outline Brennan’s rationale for rejecting this argument.
Brennan rejected Schmerber argument since it is viewed as application of the extent circumstance exception to the warrant requirement.
- Outline Justice Black’s rationale for upholding the argument
Justice Black upholds the argument since other jurisdiction that had addressed Schmerber had held that “special facts” beyond the natural use of blood alcohol were required.
- What is the fourth Amendment issue Brennan addresses in Schmerber?
The fourth amendment addressed by Brennan is the non-consensual, warrant less blood fact situation.
- State Schmerber rule of law concerning searches and seizures?
Schmerber rule of law concerning searches and seizures focus on, need of warrant when the issue is whether to invade the person’s body or not in search of proof (guilty or not guilty).
- In addition to joining Black’s dissent, Justice Douglas enters a dissent of his own in Schmerber. Outline the rationale of Douglas solo Schmerber dissent.
Douglas thought that compulsory extraction of petitioner’s blood for analysis was meant to act as testimonial and communication approaches which could aid in giving evidence that could help judge offenders.