Mitchell v. Wisconsin
Mitchell v. Wisconsin, 588 U.S. ___ (2019), was a United States Supreme Court case in which the Court held that "when a driver is unconscious and cannot be given a breath test, the exigent-circumstances doctrine generally permits a blood test without a warrant."[1]
Mitchell v. Wisconsin | |
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Argued April 23, 2019 Decided June 27, 2019 | |
Full case name | Gerald P. Mitchell, Petitioner v. Wisconsin |
Docket no. | 18–6210 |
Citations | 588 U.S. ___ (more) 139 S. Ct. 2525; 204 L. Ed. 2d 1040 |
Case history | |
Prior | State v. Mitchell, 2018 WI 84, 383 Wis. 2d 192, 914 N.W.2d 151 (2018); cert. granted, 139 S. Ct. 915 (2019). |
Holding | |
"When a driver is unconscious and cannot be given a breath test, the exigent-circumstances doctrine generally permits a blood test without a warrant." | |
Court membership | |
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Case opinions | |
Plurality | Alito, joined by Roberts, Breyer, and Kavanaugh |
Concurrence | Thomas (judgment) |
Dissent | Sotomayor, joined by Ginsburg and Kagan |
Dissent | Gorsuch |
See also
External links
- Text of is available from: Justia Oyez (oral argument audio) Supreme Court (slip opinion)
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