Today an amicus brief was filed on behalf of CLDEF in the U.S. Supreme Court urging the High Court to reverse decisions from the Supreme Court of North Dakota and Minnesota which authorized police to force drivers to submit to warrantless blood and breath tests. The brief urges the Court to apply to principles of its prior decisions in United States v. Jones, and Florida v. Jardines, which re-established the property basis of the Fourth Amendment. The brief opposes reliance on the modern notion that the Fourth Amendment only protected a nontextual “expectation of privacy” — a false notion on which the two state supreme courts relied.
