Southeast Missouri State University hosted a symposium about the Missouri v. McNeely U.S. Supreme Court case on Wednesday evening. The case will decide whether police must obtain a search warrant before taking a blood sample in a drunk driving case.
Speakers included Cape Girardeau County assistant Prosecuting Attorney Jack Koester, Tyler McNeely’s defense attorney Stephen C. Wilson, and judges William L. Syler and Stephen N. Limbaugh.
The U.S. Supreme Court heard the case last month.
McNeely’s defense attorney Stephen Wilson believes warrantless blood draws impede 4th Amendment rights against unreasonable search and seizure.
"I don't think it will effect things dramatically. They'll do things the way they've been doing them for forty odd years since the Schmerber case was decided,” Wilson said. “They'll try to get a warrant; if they can't get a warrant, they'll do without. They'll still prosecute people. It's not going to cut down on prosecutions or convictions."
Prosecuting Attorney Jack Koester thinks warrantless searches would help deter sobriety test refusals in the future.
"I think it'll increase the conviction rate in drunk driving cases, and it'll also send a message to drunk drivers that their conduct is not going to be tolerated; and you're not going to be able to refuse a chemical test and deprive the state of the best available evidence,” Koester said.
The Supreme Court is expected to release their decision in the coming weeks.
