marcia coyle of the "national law journal" was in the courtroom and joins us now. >> thanks, jeff. >> start, as always, with the facts of case. >> ok. a missouri state police officer stopped tyler mcneily on the highway because he was speeding. the officer discerned that he might be under the influence of alcohol because he had bloodshot eyes, slurred speech, and the odor of alcohol on his breath. >> all clues, right? >> right. mcneily failed several field sobriety tests. he refused to take a breath test. the officer put him in the car, arrested him, was going to take him to jail but then decided to take him to a hospital for a blood-alcohol test. which mr. mcneily also refused to give consent to. mr. mcneily, of course, he had been arrested and charged. he moved in court to suppress the evidence of the blood-alcohol test, which showed that his alcohol level was way above the legal limit. >> so the legal issue is whether the warrantless blood test violates the fourth amendment right and that is the unreasonable search. >> exactly. warrantless searches are considered unreasonable, unle

marcia coyle of the "national law journal" was in the courtroom and joins us now. >> thanks, jeff. >> start, as always, with the facts of case. >> ok. a missouri state police officer stopped tyler mcneily on the highway because he was speeding. the officer discerned that he might be under the influence of alcohol because he had bloodshot eyes, slurred speech, and the odor of alcohol on his breath. >> all clues right? >> right. mcneily failed several field sobriety tests. he refused to take a breath test. the officer put him in the car, arrested him, was going to take him to jail but then decided to take him to a hospital for a blood-alcohol test. which mr. mcneily also refused to give consent to. mr. mcneily, of course, he had been arrested and charged. he moved in court to suppress the evidence of the blood-alcohol test, which showed that his alcohol level was way above the legal limit. >> so the legal issue is whether the warrantless blood test violates the fourth amendment right and that is the unreasonable search. >> exactly. warrantless searches are considered unreasonable, unles