Section 6.24 Exigent Circumstances

• Library: DWI 2014

“Exigent circumstances exist if the time needed to obtain a warrant would endanger life, allow a suspect to escape, or risk the destruction of evidence.” State v. McNeely,358 S.W.3d 65, 69 (Mo. banc 2012) (citing United States v. Cisneros-Gutierrez,598 F.3d 997, 1004 (8^th Cir. 2010)). Exigent circumstances analysis involves a two-prong test:

1. There must be a likelihood that evidence of criminal activity exists.

2. There must be circumstances, or special facts, such that the police officer seeking to conduct a search does not have time to obtain a warrant before the evidence may be lost.

Id.

In the context of a DWI investigation, exigent circumstances are related to the loss of BAC evidence and may exist in blood draw situations when “special facts” exist that would leave no time for an officer to obtain a warrant for a blood draw. Id. at 69. It is well-recognized that the BAC diminishes and naturally dissipates into the blood stream over time. In a DWI context, it is this dissipation—i.e., reduction in the BAC...