Justice Scalia’s Death Could Affect Minnesota DUI Law
The unexpected death of Supreme Court Justice Antonin Scalia could have an impact on a drunk driving related law in Minnesota.
Rochester City Attorney Terry Adkins says a challenge to the Minnesota law that makes it a crime to refuse a breath test for alcohol is currently on the docket to be heard by the U.S Supreme Court later this year, but Scalia's death at a hunting resort in Texas last weekend might keep the debate over the constitutionality of the test from being resolved.
The case involves a motorist who was stopped for suspicion of drunk driving and refused to submit to a breath test without a search warrant. The Minnesota Supreme Court ruled that using a breath sample to gauge a person's blood-alcohol-concentration does not violate the Constitution's 4th amendment right protecting citizens from unreasonable searches and seizures.
Atkins explains how the absence of Justice Scalia could affect the case in the YouTube video at the top of this post.
The City Attorney says another case that could have ramifications in Rochester is on a list of cases being considered for hearings before the Supreme Court. It involves a law enacted by a community in Michigan that outlaws so-called "aggressive panhandling" that is similar to an ordinance used in Rochester and was struck down by a federal appeals court.
City Attorney Terry Adkins is a regular guest on The Rochester Today Show, with Tracy McCray and Andy Brownell on KROC-AM.