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MISSOURI v. McNEELY

No. 11-1425.

133 S.Ct. 1552 (2013)

185 L.Ed.2d 696

MISSOURI, Petitioner v. Tyler G. McNEELY.

Supreme Court of United States.

Decided April 17, 2013.

Attorney(s) appearing for the Case

John N. Koester, Jr. , argued, for Petitioner.

Nichole A. Saharsky , for the United States as amicus curiae, by special leave of the Court, supporting the Petitioner.

Steven R. Shapiro , for Respondent.

John N. Koester, Jr. , Counsel of Record, Assistant Prosecuting Attorney, Office of Prosecuting Attorney, Cape Girardeau County, MO, Angel M. Woodruff , Acting Prosecuting Attorney, Jackson, MO, for Petitioner.

Stephen Douglas Bonney , Kansas City, MO, Anthony E. Rothert , Grant R. Doty , St. Louis, MO, Steven R. Shapiro , Counsel of Record, Ezekiel R. Edwards , Brandon J. Buskey , New York, NY, Stephen C. Wilson , Wilson & Mann, L.C., Cape Girardeau, MO, for Respondent.

Justice SOTOMAYOR announced the judgment of the Court and delivered the opinion of the Court with respect to Parts I, II-A, II-B, and IV, and an opinion with respect to Parts II-C and III, in which Justice SCALIA, Justice GINSBURG, and Justice KAGAN join.

In Schmerber v. California, 384 U.S. 757, 86 S.Ct. 1826, 16 L.Ed.2d 908 (1966), this Court upheld a warrantless blood test of an individual arrested for driving under the influence...

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