Sean Frederik Franke v. Florida
FourthAmendment
Whether the Court should resolve the question of whether law enforcement officers can rely on the exigent circumstance exception to the Fourth Amendment warrant requirement to justify the warrantless extraction of blood from a suspected drunk driver when no attempt was made to obtain a warrant and no evidence was presented that a warrant judge was unavailable
QUESTION PRESENTED FOR REVIEW Whether the Court should resolve the following question for which the state courts are split: can law enforcement officers rely on the exigent circumstance exception to the Fourth Amendment warrant requirement to justify the warrantless extraction of blood from a suspected drunk driver when the officers make no attempt to obtain a warrant prior to forcibly taking the blood sample and presented no evidence that a warrant judge was actually unavailable (which, in essence, would create another per se exigency in contravention of the Court’s holding in Missouri v. McNeely, 569 U.S. 141 (2018)). il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii