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SD Supreme Court: Fischer Challenges Constitutionality Of Blood Draw Post-McNeely

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In May 2013, the U.S. Supreme Court ruled that law officers need to get a warrant to draw blood from DUI suspects unless exigent circumstances do not allow.

A year later, the South Dakota Supreme Court heard arguments that the state's blood draw process was unconstitutional.

In the gap between those two events, Ronald Ray Fischer was arrested in Charles Mix County for running a stop sign while drunk and killing two U.S. Fish and Wildlife employees in a parking lot.

Fischer's attorney, Timothy Whalen, told state justices on Wednesday, Jan. 13, that law officers should have obtained a warrant before drawing Fischer's blood. But the state says the crime scene was hectic and there wasn't time to get a warrant.

To find previous coverage on legality of blood evidence in DUI cases, follow these links and the stories posted beneath.

http://listen.sdpb.org/post/sds-blood-draw-process-faces-constitutional-challenge

http://listen.sdpb.org/post/new-dui-blood-draw-rule-doesnt-apply-retroactively

http://listen.sdpb.org/post/state-high-court-hears-challenge-dui-protocols

http://listen.sdpb.org/post/sd-supreme-court-argument-driving-under-influence-alcohol-not-illegal-two-year-stretch

http://listen.sdpb.org/post/sd-supreme-court-justice-praises-novel-albeit-perhaps-not-successful-argument

http://listen.sdpb.org/post/sd-supreme-court-dui-law-remained-effect

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