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Update: Warrantless Blood Search and Burden Shifting

The South Carolina Supreme Court handed down a case today, State v. Key, that was decided earlier this year. In this case, Justice Few added a concurring opinion to address several issues, including the Supremacy Clause and Burden Shifting.

A big issue in this case was the US Supreme Court case which addressed warrantless blood searches on DUI suspects when the suspect is unconscious. Click here and here for an explanation.

The big Fourth Amendment takeaway from this concurrence is that the burden always remains with the State to prove exigent circumstances with a warrantless search:


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