The facts in Verpent were that police waited 4 hours before taking urine, but claimed that they did not seek a warrant due to an exigency. Thus, the issue was whether the lack of an exigency required police to get a warrant.
Court Raises McNeely
While McNeely was not truly implicated, it was raised by the Court. If the Court finds that the privacy concerns of taking urine from a defendant are more invasive than a breath test (which most defendants would agree) then the potential exists for New Jersey to require a warrant for urine in light of McNeely. The court may punt on this as it does not directly involve McNeely and require a warrant where there is no exigency, leaving the question of whether McNeely should apply to all urine tests for another day.
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