. >> we think it is helpful for us because what the court was concerned about was with mcneely was a forced blood drop but also mcneely said these are the alternatives and don't require of blood drawn. to suspend a the license license, sanctions are very different thing in a scope. you are putting someone in jail not just taking their licence away. >> we don't dispute that and that is the essence. given that the court has already endorsed these types of conditions. and a significant consequences. >> where the practical consequences to require a warrant for every breathalyzer in a state like north dakota? not like night court going on at the time. and how many magistrates what do you have on duty? >> the first part if a warrant was required in every case so in north dakota and in to know what is on call it takes a while liberal jurisdictions. it in the larger jurisdictions that process then that goes to a magistrate to ask from half an hour to an hour and then with the prosecuting attorney first. end and there are people waiting. [laughter] your honor in large part the lack of resourc

what the court said in mcneely, they crossed the bridge in mcneely and in bright line and mackey. what the court has said for 60 years, yes, of course it's different than working in the solicitor general's office, but it's a dangerous activity when you're driving two tons of steel down the road, and the court said you can condition driving. that's a reasonable condition the state can impose. >> a helpful answer, and your time is running up. but i'm going to stop you to ask another question. >> yes. >> is it permissible based on the briefs filed with us for the court to make a distinction between taking a breath test, refusing to take a breath test and refusing to take a blood test? >> certainly it is, your honor. we set forth that in our brief. i do think what this court said in skinner, in your honor's opinion in skinner is that a breath test, the court has never held that a waurbt is required and it should not do so, here. there are no significant privacy interests that we cannot conclude a breath test indicates significant privacy concerns. that makes good sense because the int

that might be a way to separate this category of cases from the ones we were talking about with mcneely. >> first, a breath test is a significant intrusion. when one takes a breathalyzer test, it's not just that you're exhaling in the ordinary way and your carbon dioxide is dissipated. >> i didn't say ordinary way. i said you blowhard into a tube thing that's connected to a cell phone. whether it's significant or not doesn't impact me. either it is ready is. why is it so intrusive? the constitution insists on a warrant. that could undermine, in many cases, the evidence you are looking for. that's a question of several factors. it doesn't help me to say significant or not significant. that's the question, not the answer. >> why do we think it's significant? when tubes are inserted into a person's mouth and you have to exhale continuously for as many as 20 or 25 seconds. the. the point of it is to expel. >> after all, if the person's eyes turned bloodshot every time he drank four bottles of whiskey, you could look and his his eyes and that wouldn't be intrusive at all. once you looking fo

james mcneely carroll is accused of molesting children from 1980 to 1997 while he lived in santa clara and sunnyvale. the 54-year-old is a teacher at horizon county charter schools. he is charged with six counts of molestation. anyone with more information is asked to contact santa clara police. >>> a san jose high school sports coach is under arrest accused of having an inappropriate relationship with a 15-year-old boy. 21-year-old lock nguyen of san jose is charged with annoying or molesting a child. nguyen was the assistant badminton coach at san jose high. police say he was dating a student at the school. >>> authorities have arrested three suspects in connection with 23 takeover-style robberies since early march. police say they arrested the three trying to rob a san francisco bar on friday. nine of the robberies have been in berkeley. businesses in san francisco, san leandro, albany, oakland and hayward were also targtsed. the suspect would hit restaurants after closing time. surveillance video helped catching the group after friday's break-in. >>> in san jose, new information on