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On 4/17/2013, the U.S. Supreme Court ruled that "the natural dissipation of alcohol in the bloodstream does not constitute an exigency in every case sufficient to justify conducting a blood test without a warrant." I was arrested in 2012, but my case is still in pretrial phase, no Motion to Suppress Evidence has been filed yet.
My question is whether Missouri v. McNeely applies to DUI searches in California prior the 4/17/2013 ruling? see Davis v. United States, 131 S. Ct. 2419 (2011)BTW, I refused the Breathalyzer or blood test and my blood was taken by the Police without my consent or warrant, the Police told me they didn't need a warrant. There was not accident or injury involved. The Davis v. United States opinion could be found at: http://scholar.google.com/scholar_case?q=%22129+s.ct.+1710%22&hl=en&as_sdt=2,50&case=2510124668192463279&scilh=0
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