Essay Available:
page:
5 pages/≈1375 words
Sources:
3
Style:
APA
Subject:
Law
Type:
Essay
Language:
English (U.S.)
Document:
MS Word
Date:
Total cost:
$ 21.6
Topic:
Mitchell v. Wisconsin case
Essay Instructions:
Description
You recently accepted a position as a paralegal working in your local prosecutor’s office. Today is your first day on the job, and your supervisor has handed you your first case on which to work. The case involves Caitlin Jones, who has been charged with driving while intoxicated (DWI).
Facts
Officers arrived on the scene of a two-car accident where one driver of a car (Caitlin Jones) was found unconscious at the wheel of her vehicle. Another car was in the ditch, and the driver of this car and a passenger were badly injured, but both were conscious. After speaking with the driver of the car in the ditch and observing Caitlin Jones unconscious in her car and the contents of Caitlin's, one of the officers, Officer Green, suspected that Caitlin had been drinking. There were several empty beer bottles on the floor of the passenger side of Caitlin's vehicle, and the officers smelled alcohol on Caitlin's breath.
Officer Green and the other officer who were first on the scene prioritized getting medical assistance for the injured drivers and passenger and directing traffic on the narrow two-lane road so that another accident would not occur. The two drivers and passenger were taken to the hospital. When Caitlin Jones arrived at the hospital, Caitlin was still unconscious, so Officer Green requested that her blood be taken to determine her alcohol content. No warrant was obtained. Officer Green was concerned that by the time that she obtained a warrant, Jones’s alcohol blood level would have dissipated. Officer Green and the second officer also had been occupied at the scene directing traffic on the narrow two-lane road. Caitlin Jones's blood test revealed that Jones’s blood alcohol content was 0.29.
Jones was charged with violating the state’s DWI statute. Her attorney has filed a motion to suppress the blood test result and exclude the result, alleging that Officer Green should have obtained a warrant prior to the blood draw. Jones’s attorney argued that there was plenty of time to obtain the warrant on the way to the hospital and that the warrantless blood draw violated Jones’s Fourth Amendment rights. Therefore, the results should be suppressed pursuant to the exclusionary rule.
After reading the Mitchell v. Wisconsin case and the supplemental materials below, analyze whether Officer Green acted lawfully or whether her actions were unconstitutional by answering the following questions in a 4–5-page paper. You are not required to conduct any outside research and can rely on the Mitchell v. Wisconsin case along with the other resources that are listed in the assignment to write your paper.
Mitchell v. Wisconsin
Mitchell v. Wisconsin article
Mitchell v. Wisconsin Exempts BAC Tests as Exigent Circumstances
Drawing Blood From an Unconscious OWI Suspect Allowed
Mitchell v. Wisconsin
How did the Supreme Court rule in the Mitchell v Wisconsin case?
What was the Court’s reasoning in Mitchell v. Wisconsin?
Caitlin Jones’s case
Discuss whether Caitlin Jones’s case has any similarities with the Mitchell v. Wisconsin case. Are the two cases dissimilar in any way?
Under the doctrine of stare decisis, does the Mitchell v. Wisconsin case apply to Caitlin Jones’s case?
According to Mitchell v. Wisconsin, did Officer Green need a warrant prior to ordering the blood draw at the hospital? Why or why not?
Your Opinion
After reading the two law review articles and the dissenting opinion in Mitchell v. Wisconsin, discuss some of the criticism that the majority opinion in Mitchell v. Wisconsin has received for its reasoning.
Discuss in detail whether you agree with the Court’s reasoning in the Mitchell v. Wisconsin case or whether you agree with the dissenting opinion and the authors of the two law review articles.
APA Formatting of Possible References and In-text Citations
Because you are discussing the Mitchell v. Wisconsin case, please make sure that you include the case citation as one of your references and in-text citations, which are listed in bold below.
(All references are double-spaced, in alphabetical order, and include a hanging indent.)
Essay Sample Content Preview:
Mitchell v. Wisconsin Case
Student’s Name
Institution Affiliation
Course Name & Code
Instructor’s Name
Date
Mitchell v. Wisconsin Case
The Fourth Amendment of the United States Constitution prevents the government or its representatives from using unreasonable force or seizing items without proper warrants in some circumstances. Nonetheless, there are exceptions, including the exigent circumstances doctrine, which permits warrantless searches where getting a warrant would hinder appropriate action. The case of Mitchell v. Wisconsin plays a crucial role in determining whether police can perform warrantless blood tests on unconscious individuals suspected of driving under the influence (DUI). The essay looks at the Mitchell ruling and how it has been applied in the case of Caitlin Jones, a similar DUI event, and considers the arguments on the Mitchell decision.
How did the Supreme Court rule in the Mitchell v. Wisconsin case?
In Mitchell v Wisconsin, the Supreme Court gave a decision outlining that the warrantless blood draw from any unconscious driver who is suspected of DUI falls under the complex circumstance exception (Harvard Law Review, 2019). The ruling mostly centered on cases where a driver is unconscious and cannot be administered a breath test. To reach this conclusion, the Court argued that the dissipation of blood alcohol content (BAC) qualifies as a warrant exception to warrant provision. Mitchell overruled the decision of the Supreme Court of Wisconsin, which had previously affirmed the legal basis of the statutory blood draw under Wisconsin's implied consent law (Stozek, 1993). The US Supreme Court ruled that where a suspect is unconscious, the police, in general, do not require a warrant to conduct a blood-alcohol content test since such evidence is sensitive to time.
What was the Court’s reasoning in Mitchell v. Wisconsin?
Two essential features were central to the Court's analysis. First, the blood alcohol content (BAC) is usually perishable, which implies that any delays in the process might destroy the evidence. Second, due to the suspect being in an unconscious state, using a less intrusive breath test is not viable, and the only way to preserve the BAC evidence is through a blood test. The Court stated that the time needed to get a warrant could hamper its imperative tasks like responding to medical emergencies or preserving an accident site. Consequently, the existence of exigent circumstances supported the warrantless blood draw.
Caitlin Jones’s Case
Discuss whether Caitlin Jones’s case resembles the Mitchell v. Wisconsin case. Are the two cases dissimilar in any way?
The fact pattern in Caitlin Jones's case presents some of the same issues as Mitchell v. Wisconsin. In both cases, individuals who were suspected to be under the influence of alcohol while driving were involved, and warrantless blood samples were taken to establish the BAC levels. In both cases, the officers had probable cause to suspect intoxication: Jones had beer bottles and an alcohol smell, while Mitchell’s, a prior breath test, showed intoxication. The significant similarity here is that both suspects were unable to provide a breath sample as they were unconscious, and an alcohol test was conducted using blood samples without a warrant (Harvard Law Review. (2019). The main potential difference is the exact timeline of events. In the case of Caitlin Jones, her attorney insists that there was time to seek a warrant before going...
Get the Whole Paper!
Not exactly what you need?
Do you need a custom essay? Order right now:
👀 Other Visitors are Viewing These APA Essay Samples:
-
Define supermax, maximum, medium, and minimum prison security levels.
1 page/≈275 words | 3 Sources | APA | Law | Essay |
-
Violent Crimes Assignment Chapter 4
2 pages/≈550 words | No Sources | APA | Law | Essay |
-
Administrative Procedure Act
3 pages/≈825 words | 4 Sources | APA | Law | Essay |