Abstract
Six years after rejecting any per se warrant exception for blood draws in DUI investigations, the Mitchell plurality blesses virtually all warrantless blood draws on unconscious DUI suspects. This Essay analyzes and critiques the Mitchell plurality opinion, examining warrantless blood draw caselaw before 2019 and evaluating Mitchell against that precedent. Part I summarizes Mitchell. Part II examines Mitchell as a departure from precedent and an attempt to create law through the rose tinted lens of public policy.
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