Court of Appeals: Warrantless Urine Tests Unconstitutional
The Minnesota Court of Appeals says a state law making it a crime for someone arrested for drunken driving to refuse a urine test without a warrant is unconstitutional.
On Monday, the appeals court reversed the conviction of a driver who refused to submit to a blood or urine test.
Meanwhile, the Minnesota Supreme Court has said warrantless breath tests are constitutional, but the Court of Appeals ruled last month that warrantless blood tests are not.
Monday’s ruling applied similar logic to warrantless urine tests.
The U.S. Supreme Court agreed earlier this month to decide whether states can criminalize a driver’s refusal to take an alcohol test even if police have not obtained a search warrant.
The court will review the Minnesota Supreme Court decision on breath tests and two North Dakota cases.