BYARS v. STATE

No. 61348.

336 P.3d 939 (2014)

Michael Dwayne BYARS, a/k/a Marcus Jones, a/k/a Jeffery Roshawe Byars, Appellant, v. The STATE of Nevada, Respondent.

Supreme Court of Nevada.

October 16, 2014.


Attorney(s) appearing for the Case

Steve E. Evenson , Lovelock, for Appellant.

Catherine Cortez Masto , Attorney General, Carson City; Arthur E. Mallory , District Attorney, and Benjamin D. Shawcroft , Deputy District Attorney, Churchill County, for Respondent.

Before the Court En Banc.


OPINION

By the Court, PARRAGUIRRE, J.:

In this appeal, we are asked to determine whether the warrantless, forced blood draw on a driver suspected of driving under the influence of a controlled substance violates the Fourth Amendment. In light of the U.S. Supreme Court's decision in Missouri v. McNeely, we conclude that the natural dissipation of marijuana in the blood stream does not constitute a per se exigent circumstance justifying a warrantless...

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