South Dakota law requires drivers to consent to having their blood drawn without a search warrant. If they refuse, officers can draw blood by force. In April, the United States Supreme Court ruled in McNeely that officers have to attempt to get a warrant before drawing blood. On Wednesday, the state Supreme Court heard arguments from the Attorney General’s office, contending that drivers waive their Fourth Amendment rights, and a defense attorney who says drivers have the right to withdraw consent.
Rapid City freelancer Victoria L. Wicks has been producing news for SDPB since August 2007. She Retired from this position in March 2023.