KANSAS CITY, Mo. — The death of a Missouri Motorist Assist operator killed by an alleged drunk driver on I-70 in Independence last week is bringing attention to a case before the Missouri Supreme Court, which will consider whether police should be required to get a search warrant before ordering a blood test on any suspected drunk driver.
Early last Friday morning, authorities say that 35-year-old David Murdick struck and killed Motorist Assist operator Clifton Scott, who was assisting at the scene of an earlier accident on I-70 near I-470.
Court documents show that when his blood was tested at an area hospital nearly four hours later, Murdick’s blood alcohol level was still over twice the legal limit.
Authorities say that they may never know exactly how much alcohol was in Murdick’s system at the actual time of the crash, because investigators had to take the time to obtain a warrant from a Jackson County judge.
Scott’s family says that police should be allowed to draw blood from suspected drunk drivers without first getting a search warrant.
“Anybody who causes a death, whether they are drunk or not, drugs are drugs, I mean, over the limit is over the limit,” said Clifford Scott. “I don’t care what it was. Do what you have to do to find out what’s in them before it gets out.”
Current Missouri law says that police don’t need a judge’s approval for a blood test if a delay could threaten a life or destroy potential evidence. Veteran defense attorney Colt DeVries says that in the absence of urgent circumstances, a citizen’s constitutional rights should be respected.
“For the garden variety stop at 39th and (Southwest)Trafficway on one of these DWI roadblocks, checkpoints, whatever you want to call them, there aren’t any exigent circumstances,” said DeVries. “The statute in Missouri does not authorize warrantless blood draw. That’s an extreme measure in my opinion.”
The Missouri Supreme Court is expected to hear arguments on the issue in January.
