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Criminal Procedure keyed to Saltzburg
Mitchell v. Wisconsin
Citation:139 S.Ct. 2525
Mitchell was arrested for operating a vehicle while intoxicated, and became unresponsive on the way to the police station due to his extremely high Blood Alcohol Concentration (BAC). Due to Mitchell’s condition, officers instead drove him to a hospital where the police ordered a blood alcohol test which was at a level nearly three times the legal limit.
Mitchell was too intoxicated to consent to the BAC test, despite the police reading the state-required implied consent law. Despite Mitchell’s inability to express consent, and unable to timely obtain a warrant, the police obtained the BAC test which formed the basis for Mitchell’s arrest and subsequent conviction.
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Topic OutlineCriminal Procedure