Exception—Special Needs: Drug Testing

Question 1

Maryland v. King Buccal (2013)

Answer 1

DNA testing/swab of arrestees = search

At least for serious felonies - they can do without individualized suspicion or warrant

Question 2

McNeely v. Missouri

Answer 2

4th am. protection against warrantless searches applies to blood alcohol tests unless specific exigent circumstances exist.

Because each case must be considered based on its individual facts, there are cases in which the natural dissipation of alcohol in the blood would be considered an exigent circumstance, but no reason to create a categorical rule.

Question 3

Tennessee v. Gardner (1985)

Answer 3

• Deadly force to stop any fleeing felon stops – if no immediate threat/risk to office or others
  o SHOOTING = 4TH AM. SEIZURE

Question 4

Winston v. Lee

Answer 4

• A judge cannot compel surgery to remove a bullet for evidence in the state’s case

Question 5

Rochin v. California

Answer 5

• Pumping stomach (a search) when suspect swallowed two pulls. Too far… shocks the conscience not only 4th am. but also a 14th am. due process violation