Attorney General J.B. Van Hollen Files Amicus Brief in the U.S. Supreme Court in Colorado v. Schaufele

Oct 7 2014
Attorney General J.B. Van Hollen Files Amicus Brief in the U.S. Supreme Court in Colorado v. Schaufele
 

“We asked the Supreme Court to hear Colorado’s case to ensure that police officers may pursue blood draws that comply with the Fourth Amendment,” Van Hollen said.

 

MADISON — Attorney General J.B. Van Hollen has announced that his office filed yesterday an amicus curiae brief in the U.S. Supreme Court in Colorado v. Schaufele, U.S.S.C. Case No. 14-266. An amicus brief supports the position of one of the parties in a case. Wisconsin filed the brief in support of Colorado’s petition for a writ of certiorari.

 

Colorado’s petition for certiorari asks the Supreme Court to consider adopting a rule to clarify when a police officer may pursue a warrantless blood draw after an impaired driving arrest. Chief Justice John G. Roberts, Jr. proposed the rule under consideration in an opinion concurring in part and dissenting in part in Missouri v. McNeely, U.S.S.C. Case No. 11-1425. In Schaufele, following an adverse decision in state court, Colorado asks the Supreme Court to hear the case and consider the rule proposed by Chief Justice Roberts.

 

Wisconsin’s amicus brief asks the Supreme Court to grant Colorado’s petition. The brief explains that states have an interest in timely blood draws to preserve the best evidence available as to an impaired driver’s blood alcohol concentration at the time of driving. Twelve states joined Wisconsin’s amicus brief.

 

“An impaired driver -- whether impaired by alcohol, illegal drugs, or prescription medications -- presents a significant danger to the public,” Attorney General Van Hollen said. “We asked the Supreme Court to hear Colorado’s case to ensure that police officers may pursue blood draws that comply with the Fourth Amendment.”

 

Assistant Attorney General Winn Collins of the Department’s Special Litigation and Appeals Unit authored the amicus brief. A copy can be found here.