Warrant or No Warrant? Your Rights

Three key Supreme Court cases discuss the need for a warrant when police require a suspect to submit to blood and breath tests. The first addresses the amount of force used to compel a test, and the second two discuss whether a warrant is required for blood versus breath testing in DUI cases. Use of Force and Warrants In the case of Rochin v. California, 342 U.S. 165 (1952), the Supreme Court considered whether police may force a suspect to turn over evidence without a warrant. The facts are harrowing: sheriffs entered a man’s home without a warrant and saw capsules on...

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