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Mitchell v. Wisconsin | 139 S. Ct. 2525 (2019)
Can the government ever draw your blood without a warrant? What if you’re unconscious and suspected of drunk driving? We explore that question in Mitchell versus Wisconsin.
Police received a report that Gerald Mitchell was driving while intoxicated. Officer Alexander Jaeger responded to the call and located Mitchell. By that time, Mitchell had parked his van and was found nearby staggering and slurring his speech. A preliminary breathalyzer test revealed that Mitchell’s blood alcohol content, or B A C, was above the legal limit. Jaeger arrested Mitchell and took him to the police station for a more reliable breath test that’d be admissible in court. Before Jaeger could administer the test, Mitchell lost consciousness. Jaeger took Mitchell to the hospital.
Wisconsin state law provides that all drivers on state roads impliedly consent to have their blood drawn if they’re suspected of drunk driving unless they affirmatively withdraw their consent. Jaeger told Mitchell that he intended to have Mitchell’s blood drawn and advised Mitchell of his options. Being unconscious, Mitchell didn’t withdraw his consent. Accordingly, Jaeger instructed the hospital to draw Mitchell’s blood. Those test results confirmed that Mitchell’s B A C was above the legal limit.
Mitchell was charged with drunk driving. He moved to suppress the blood test, arguing that it violated his Fourth Amendment right against unreasonable searches. The trial court denied Mitchell’s motion, and he was convicted. Mitchell appealed to the Wisconsin Court of Appeals, which certified the appeal to the Wisconsin Supreme Court. The Wisconsin Supreme Court affirmed Mitchell’s conviction. The United States Supreme Court granted cert.
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