Missouri v. McNeely,
569 U.S. ___ (2013)

Annotate this Case



No. 11–1425



on writ of certiorari to the supreme court of missouri

[April 17, 2013]

     Justice Kennedy, concurring in part.

     I join Parts I, II–A, II–B, and IV of the opinion for the Court.

     For the reasons stated below this case does not call for the Court to consider in detail the issue discussed in Part II–C and the separate opinion by The Chief Justice.

     As to Part III, much that is noted with respect to the statistical and survey data will be of relevance when this issue is explored in later cases. The repeated insistence in Part III that every case be determined by its own circumstances is correct, of course, as a general proposition; yet it ought not to be interpreted to indicate this question is not susceptible of rules and guidelines that can give important, practical instruction to arresting officers, in- struction that in any number of instances would allow a warrantless blood test in order to preserve the critical evidence.

     States and other governmental entities which enforce the driving laws can adopt rules, procedures, and protocols that meet the reasonableness requirements of the Fourth Amendment and give helpful guidance to law enforcement officials. And this Court, in due course, may find it appropriate and necessary to consider a case permitting it to provide more guidance than it undertakes to give today.

     As the opinion of the Court is correct to note, the instant case, by reason of the way in which it was presented and decided in the state courts, does not provide a framework where it is prudent to hold any more than that always dispensing with a warrant for a blood test when a driver is arrested for being under the influence of alcohol is inconsistent with the Fourth Amendment.

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