The Department of Political Science, Philosophy, and Religion at Southeast Missouri State University will host a symposium Wednesday evening to discuss a Supreme Court case that originated in Cape Girardeau.
In 2010 Missouri Highway Patrol arrested Tyler McNeely for drunk driving. McNeely refused a blood and breathalyzer test. Without warrant the Patrol took McNeely to a local hospital to conduct an involuntary blood test. The Patrol reasoned that evidence, the blood alcohol level, was being destroyed by the minute. The ACLU disagrees and argues the warrantless blood draw was unreasonable search and seizure.
The case went to the United States Supreme Court on January 9th of this year.
Dr. Brian Smentkowski is a political science professor at the University. He noted how this symposium is distinctly different from previous series.
“We have done numerous common hour, constitution day, and Antheneum series talks on social, legal, and political issues, but addressing a Supreme Court case with a local connection with the key legal participants in that case is unprecedented,” Smentkowski said.
Smentkowski says McNeely case is significant due to the debate over constitutionality.
“In a nutshell, it tests the parameters of the constitution's 4th amendment. There are very compelling arguments for and against the authority of law enforcement officials to extract and test a person's blood without his or her consent or a warrant, here in a DUI case,” Smentkowski said. “In many respects, it's a classic case of the power if the state versus the rights of the people.”
The University is holding a discussion with addresses by McNeely’s defender, Steve C. Wilson, Prosecuting Attorney, Jack Koester, and judges William L. Syler and Steven N. Limbaugh.
These speakers will discuss the trials and appeals processes along with other details about law applicability.
The symposium is open to the public and free of charge. Discussion will begin at 6pm.
The McNeely case is the first Cape Girardeau case to make it to the U.S. Supreme Court.
