Mitchell v. Wisconsin
Mitchell v. Wisconsin, 588 U.S. ___ (2019), is a United States Supreme Court case in which the Court held that "when a driver is unconscious and cannot be given a breath test, the exigent-circumstances doctrine generally permits a blood test without a warrant."
| Mitchell v. Wisconsin | |
|---|---|
| Argued April 23, 2019 Decided June 27, 2019 | |
| Full case name | Gerald P. Mitchell, Petitioner v. Wisconsin |
| Docket no. | 18–6210 |
| Citations | 588 U.S. ___ (more) 139 S. Ct. 2525; 204 L. Ed. 2d 1040 |
| Case history | |
| Prior | State v. Mitchell, 2018 WI 84, 383 Wis. 2d 192, 914 N.W.2d 151 (2018); cert. granted, 139 S. Ct. 915 (2019). |
| Holding | |
| "When a driver is unconscious and cannot be given a breath test, the exigent-circumstances doctrine generally permits a blood test without a warrant." | |
| Court membership | |
| |
| Case opinions | |
| Plurality | Alito, joined by Roberts, Breyer, Kavanaugh |
| Concurrence | Thomas (in judgment) |
| Dissent | Sotomayor, joined by Ginsburg, Kagan |
| Dissent | Gorsuch |
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