Cape Girardeau County case headed to U.S. Supreme Court | News

CAPE GIRARDEAU COUNTY, MO (KFVS) - A DUI case that began in the Heartland is headed all the way to the U.S. Supreme Court.

The case is Missouri versus McNeely and it all began in a Jackson courtroom.

Here's a quick breakdown:

October 2010: Tyler McNeely is pulled over for suspicion of drunk driving and taken to the hospital where his blood is drawn.

December 2010: McNeely's lawyer wants the blood evidence thrown out because the arresting officer did not have a search warrant.

March 2011: The judge agrees; the blood is out.

June 2011: The Missouri Court of Appeals rules the officer did not need a search warrant, so the blood's back in.

January 2012: The Missouri Supreme Court overruled that decision and took the blood back out.

That
gets us to September 25, 2012 when the Cape Girardeau prosecuting
attorney's office got word this back and forth issue will get a final
judgement before our nation's highest court, which could have national
implications.

"This is a case that will impact search and
seizure law nationwide," said Morley Swingle, Cape Girardeau County
prosecuting attorney. That impact will specifically involve whether or
not it's ok for an officer to take your blood without a search warrant.

Prosecutors say the fact the Supreme Court took the case shows they feel drunk driving cases and laws are extremely important.

Jack Koester will argue the case in front of the U.S. Supreme Court in January.

"It's a huge honor and I am excited about the opportunity," said Koester.

Koester spent months working on detailed petitions to get the case before our nation's highest court.

He
and Swingle say that was the biggest hurdle. They tell Heartland News
state courts across the country are at odds over whether or not you need
a warrant to take a blood sample in DUI cases, and this case will set
the standard.

"The stats alone showed what a lottery this was
because last year there were 8000 petitions and they only took 75
cases," said Swingle. "So it was a long shot but I think the reason they
took it is because it's so hugely important because drink driving is
happening all the time and police officers and the public need the
answer to whether or not a search warrant is needed."

"We do have our work cut out for us," said Koester.

Koester says he will be doing a lot of preparation.

"The
reason that the U.S. Supreme Court will decide to take a case is to
resolve conflicts and there is a wide range in conflict in state courts
all across the country," Koester said.

We tried to get in touch with Tyler McNeely who was pulled over near Hwy. 74 and Kingshighway on October 3, 2010.

Blood tests showed McNeely's blood alcohol content at nearly twice the legal limit.

His
lawyer, Steve Wilson says he and his client believe the Missouri
Supreme Court correctly ruled on the issue to throw the blood evidence
out. Wilson says McNeely is understandably anxious but he understands
the importance of this issue and they look forward to a resolution.

Wilson
says the ACLU will take the lead role in filing briefs and arguing the
case before the high court in Washington D.C. in January.

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